Headsup: Disney's Hulu - mafia tool?! First warning already sent to the Knox series production team about the hoaxes and mafia connections. The Daily Beast's badly duped Grace Harrington calls it "the true story of Knox’s wrongful conviction of the murder of her roommate". Harrington should google "rocco sollecito" for why Italians hesitate to talk freely.
Category: 10 Mignini MOF hoax
Friday, July 25, 2014
Why It Will Be Republic Of Italy v Knox And Sollecito For The Myriad False Claims They Have Made
Posted by Peter Quennell
Bergamo in the foothills of the Alps where the journal Oggi is published
Yesterday’s post quotes some statements that Sollecito has already started winding back.
For Raffaele Sollecito that marks a significant first. Amanda Knox still seems headed the other way, pouring yet more gasoline on the flames.
Yesterday’s post also mentioned the growing pressure the Italian system is asserting to surface and adhere to the truth. When Cassation rules as widely expected, that Knox’s and Sollecito’s appeals did fail in Florence, and off back to prison they must go, Italy probably wont stop there.
It needs a single truth to stand at the end of the day, and in the courts is how its inquiry-based system arrives at that truth. More prison time is probably ruled out, but there should be some big fines. And that truth.
Sollecito wrote those claims quoted yesterday only in English, of course, exclusively for English-speaking audiences. There are no editions in any other language, certainly not Italian.
The only claim of those quoted yesterday that is widely known in Italy is Sollecito’s false charge, challenged on national TV, that the prosecution offered him a deal for his turning on Knox. That was one of his many claims accusing Italian officials of crimes. All his other claims are still sleepers in Italy.
Sollecito’s father Francesco was asked on national Italian TV why the book was not written or published in Italian. He awkwardly replied that no Italian publisher was interested; he didnt name even one that refused.
He didnt explain why it was written on the US west coast with the help of a British-born shadow writer (an unfortunate choice: Gumbel himself seems to have a big chip on his shoulder about Italy after his stay there, like Peter Popham and Nina Burleigh; unusual but it happens).
So, with no Italian version, what passages in what language were those Italian publishers if any shown?
Not much liked in Italy, Sollecito has been trying to burnish his image there since 2008 when he began writing diary-type reports on several websites.
Passages from the book put into Italian by the Republic of Italy for his book trial in Florence could come to irritate many Italians, and really rain on his parade in the months coming up.
Good reporters should perhaps press Knox to release the Italian version of her own book and let Italy have a close look.
It was yanked from publication at the last moment (like the UK version) when the US edition came out. Some excerpts were put into Italian by Oggi. See our own rebuttals here.
Their publication along with some other articles has resulted in both Oggi and Knox facing a trial in Bergamo. The statute of limitations on the entire book itself expires in 2017. If and when Italy targets all of Knox’s malicious claims she could find her parade rained on too.
Both books are available globally in the Kindle edition and so a few English-speaking Italians have read them that way. The only version of Knox’s book that was officially sold in Europe was in German. There’ve been no others so far though a Spanish translation may exist.
None of the other English-language pro-Knox books have been put into Italian either. In fact the only book translated into Italian that takes Italy to task is The Monster of Florence by Spezi and Preston - and that one is quite different (very toned down) from the edition in the UK and US.
Back here on Planet Earth, various objective books on the case have been written and published in Italian, which kinda shoots Francesco’s claim in the foot that there is no interest among publishers there.
Those books are mostly quite classy affairs, carefully researched. All the books (like TJMK) essentially concentrate on explaining the prosecution’s case in depth, and those from late 2009 all saw “case proven” after the Knox and Sollecito lawyers put on an ineffective defense. There isn’t even one which says Italian officials maybe got it wrong.
The Knox people sued Corriere for damages over the Sarzanini book and in the third round won, but that was only because the book published excerpts from Knox’s prison diaries - which her own people had put around - which invaded the privacy of others she mentioned.
The Sarzanini book is still on sale in Italy and was not ordered withdrawn, so Knox at most won half a loaf via her case.
Our main poster Yummi has at various times pointed out that over 100 prosecutors and judges have been assasinated in the anti-mafia fight. Hate stirred up in the US for Italian officials is of real concern, because it could have a nut with a gun headed to Italy to “even the score”. Hate messages have been received.
Hate is still being perpetually beamed at the real victim’s suffering family as well. That started way back in 2008. There is zero precedent for that - in fact the US and UK and Italy all have strong anti-harrassment laws.
So Knox and Sollecito, and by extension Sforza and Fischer and Moore and so on, will face put-up-or-shut-up time in court on a whole row of claims which appear to Italy malicious and wrong.
Italy wants a searchlight cast on those. It is for this reason above all that the book trials will take place. To wind back the hate, and to cast light.
This whole publishing scene (really two parallel publishing scenes) is absolutely unique in the world. It shows in stark terms the cowardice of the “public relations” wave of defamation which Curt Knox brought alive in 2007 and beamed away from Italian speakers.
No wonder Amanda Knox could not bear to head for Florence late last year for her own appeal - or “new trial” as she still seems to suppose. Her team has burned too many boats.
Gee thanks dad for that….
Monday, June 30, 2014
Apart From Cassation’s Unyielding Mandate, More Problems With The Belated Sollecito/Bongiorno U-Turn
Posted by Our Main Posters
1. The Appeal’s Grounds For Separation
That bizarre infatuation of Bongiorno’s with Knox as Jessica Rabbit is clearly long-gone.
Now the poor boy was home alone and the absent Miss Rabbit had reason and opportunity. Tiziano posted these ten translated points from the new Sollecito appeal to Cassation, which seems to have the highly nervous Knox camp’s tongues tied.
Among the numerous flaws the proceedings appealed against present, the one linked to the claimed impossibility of differentiating between the two accused stands out.
On this point the Appeal Court denied any in-depth analysis at all of the individual roles - an investigation urged by the defence - avoiding taking any position about alternative constructive hypotheses.
10 points are enumerated by the defence in this regard:
- AK’s memorial referring to events at via della Pergola was in the singular
- AK reported receiving SMS not to go to work from Lumumba, but went out just the same
- AK admitted having lied to RS
- RS did not calumny anyone: the accusation against PL was never confirmed by RS
- AK in her memorial positioned only herself at the crime scene at the time of the scream
- only AK’s blood was on the knife blade
- no mixed traces RS/MK were found and highlighted by luminol in the house
- Quintavalle claimed to have seen AK the morning of November 2nd, not RS
- RS did not know RG and had no reason for wanting MK’s death
- the alleged bad relations and the question of disappearance of money regarded only MK and AK
2, Popper Explains Why They Will Go Nowhere
Popper the highly informed Italian commenter on TJMK and PMF has explained on a previous post why this will fall on deaf ears in Cassation.
if RS said something he has not said before it would make no difference now. No more evidence can be admitted at the trial.
Fase istruttoria is over as judgement of merit. Cassazione can only respond on points appealed and they must be points of law otherwise they are not admissible. Defendants do not talk in hearing.
Once they are convicted, for example, if he had new information on the case and new evidence that proved (in a convincing way) he is not guilty, he could ask for revisione, basically a review of the trial.
He clearly has nothing to say though ... if he said she went out, judges knew that already. If he said that night he was in Milan and could prove it conclusively, that could trigger a review of a final sentence.
We are clearly talking in theory, no such thing will happen.
3. Could The 10 Points Have Worked Previously?
If Judge Nencini was still in the saddle could the ten points have had merit?
Our continuing Interrogation Hoax series has been hammering on the fact that on 5-6 November 2007 quite unpressured Knox herself did state that she went out alone without Sollecito on the night Meredith was murdered.
But these ten cherrypicked points above and a claim that RS was not even at Meredith’s house that night are self-destroying over-reach. They would not have caused a win or partial win for Sollecito. Not one of them stands up as a get-out-of-jail-free card upon close readings of the reports of Judge Massei and Judge Nencini.
The lower courts did NOT deny analysis of the individual roles - the two themselves opted to be tried together, while Rudy Guede, fearing two snakes, chose to be tried separately.
WHEN did the defense urge investigation of their differing roles? What did the Massei trial court miss? It had many months of the sight of Sollecito - sitting there sulky, saying little, not taking the stand. Yes, not assisting Jessica Rabbit with an alibi, but that was not so obvious.
The wounds on Meredith and the evidence points in Meredith’s room point overwhelmingly to three attackers. They prove the use of two knives from opposite sides. It was Sollecito’s knife that was used for the fatal blow; that remains unshaken - actually, more confirmed by the Carabinieri.
See Ergon on the implacable knife evidence. Sollecito was the knife fetishist, and the one who was already into the cocaine or crystal meth that Knox was probably on judging by her telling smell the next day, her bizarre behaviors through the week following, and her odd money trail.
See the implacable evidence against him on the bathmat by SomeAlibi and Yummi. That footprint had to have been imprinted within a few minutes of the end of the attack on Meredith.
After the hijacked Hellmann appeal in 2011 Sollecito was deeply craven to Knox and her family and entourage on the US west coast. Craven to the extent that his own family (which despises the Knox-Mellases and blames Knox for his predicament and their lost name and enormous expenses) once hurriedly hopped on an aircraft to Seattle to enforce their separation.
Sollecito’s hapless book-agent Sharlene Martin and shadow-writer Andrew Gumbel both live on the West Coast and Knox’s radioactive FOA obviously provided most of the malicious fantasy that constitutes his defamatory book.
Playing chicken with the Italian justice system is notoriously suicidal. The crazy aggression of the Prestons, Fischers and Moores did not help Sollecito at all at the Nencini appeal (though it helped Knox even less - she got handed the longer sentence.)
The gods-in-their-own-minds in the FOA got Sollecito no US job and no US viza. The email to Judge Nencini and the appeal to ECHR and the promised fight against extradition for Knox are to him merely insults, and attempts to separate Knox off.
So, back in Italy, he is confused, let-down, disgruntled, and loaded for bear. Knox was the loose canon in 2007, Sollecito is the loose canon now.
Here is a key exchange between our main posters SeekingUnderstanding and Hopeful from previous threads.
4. Take On RS Now By SeekingUnderstanding
[t does seem so very sad and frustrating that Raphaele did not open the window of opportunity, as Judge Nencini tried to nudge him to do, just before Christmas.
He is less easy to read than Ms. Knox , for a number of reasons - more introverted, less articulate (certainly in English; but he also doesn’t seem expressive in his own language), and because of the psychology itself.
You may remember I suggested AK finds it unbearable to acknowledge her darker side, to own her projections; unbearable to be thought of as ‘a monster’, to be unlovable, or indeed hated by people. This may be a strong component in her lying.
I believe Raphaele also finds things unbearable, but whereas Amanda appears to turn this unbearable feeling into lashing out to others, - I think in Raphaele, he finds himself and ‘what has happened to him’ (passive aggression) unbearable. His judgement has not only been poor, but catastrophically poor, - and he must know this. One wonders why the self-destruct.
He knows his life is ruined, and he knows his appalling judgement was instrumental. He truly doesn’t have confidence in himself, but bluffs anyway. His ‘ex’, by contrast,has too much. If only she could have self-doubt, and feel shame.
He is not unintelligent, by no means, yet his choices and decisions at times have seemed near idiotically stupid. So there must be something else going on, something deep in his psyche that causes such confusion in his mental and emotional universe.
He seems unable to organize his emotions. He appears to want or expect or need a woman to ‘sort them out’ (sort him out). His relationship with his mother would probably reveal the source of this. How did she manage her emotions? Or did they rule her? . These are the sort of questions I might be asking. He seems overwhelmed, swallowed up by the juggernaut that AK set in motion.Was his mother easily overwhelmed by life’s problems? Something has gone wrong (drastically) with a healthy model for his ‘anima’.
Where Amanda is the arch manipulator, he is highly manipulable. He seems to copy. Like her, his self-identity is weak, but for different reasons. Drug use, I would suggest, has been both crucial and disastrous for his mind. From this point of view, prison will be a constructive environment for him, (as AK too). Perhaps without the distorting and illusory aspects of drugs he might begin, over many years, to experience true spiritual (and therefore moral) issues.
I always think drugs give a delusion of spiritual experience (‘the highs’), - wanting them can be (for an introvert) indicative of longing for something more spiritual, but using them will actually prevent such an experience, emphatically.
So then there is bitterness and emptiness, as well as despair and, still, confusion. Thus the addiction which starts as a cycle in the mind.
I knew a psychologist who worked with highly motivated and successful people in the Arts - people who would have burn out, creativity, and performance issues. He was extremely clever. But he was adamant that there had to be a hierarchy for dealing with problems.
That is to say, if someone was using drugs and/or alcohol to the point of misuse (extremely common in the performing arts), - this problem had to be mastered and dealt with FIRST, before anything else could even be addressed. This may seem irrelevant (as Sollecito hasn’t shown he is creative), - but I would
say the signs are that his past (and current?) drug use needs to be sorted before anything else can possibly be.Such a destructive shame that this has all dragged on for 7years.
I don’t think he has any idea as to how to give a ‘press conference’ - even supposing , by a miracle, he was going to tell the unadulterated truth. He is way out of his depth. I doubt he has sufficient communication skills in his own language, let alone In English for the American media.
5. And The Take Of Hopeful On RS Now
As he is back in the spotlight for the July 1 press conference, your observations about him are timely. He does seem more introverted than Knox, and less articulate. Correct me if I misinterpret what you said about him, that rather than lash out at others aggressively like Knox does to disperse and blame others for her awful feelings about her dark side, Sollecito does the opposite and feels the weight of shame but turns the unbearable feelings inward. He is poster child for passive-aggressive.
I also believe he does have a sense of deep loyalty and faithfulness to his family, since his father has never abandoned him nor did his mother. He has misplaced loyalties at times, and combines a stubborn streak with false sense of need to persevere after he has made wrong steps.
This comment is mainly a review of what you conclude about Raf, but bears repeating. He is ashamed of his “catastrophically bad judgment.” I agree, his pride is wounded, his vanity more than his love for Knox.
I believe Raffaele sincerely regrets what he realizes he has done to his own family, but still can’t quite confess it. Maybe part of him is sorry but part of him is secretly glad he is controlling his father’s destiny, in punitive action for divorcing his mother. He also sent his sister’s career down the cliff. His sister is really to blame for that so with true passive-aggressive deceptiveness he can hide his responsibility for it while causing it.
His wanky emotions have made a trainwreck of his intelligence and caused him to do “idiotically stupid” things and self-destruct.
His drug use to relieve inner confusion caused by lack of self-identity is a coping method that does more harm than good. His patience is more of a drug stupor that makes him slow to act, than real gritted teeth patience, which may be why we’ve waited this long (6 years) for him to reveal the truth about Knox.
He stayed in a cloud of marijuana until she came along. She liked the drugs, too. He allowed her to set the course of his life because he needed or wanted a woman to sort out his emotions. Maybe he was competing with dad with a new hot blondie, too. He didn’t fathom that Knox would become so extreme and so terrifying.
He underestimated Knox, and she saw she could manipulate and destroy him with one hand tied behind her back. She reveled in the besotted weakling, and she felt superiority over Guede too, and soon despised them both. She wouldn’t fall into some darkened room or quiet void of depression like Raffaele’s mom had done giving up on life. The insulated quiet Italian boy raised scrupulously did not see that with Knox he would be “swallowed up in the juggernaut AK set in motion”. He wanted her power and excited vision, but he couldn’t understand her mental illness that went with it. Love is blind.
As long as he could blame her and not himself maybe he was OK with it, especially with drugs to dull the pain, until he felt the full impact of her punishment and years later her treachery. Finally he grew a brain and saw it was Knox who betrayed him, not vice versa. Maybe the press conference is to set that straight.
His drug use got him through much of his first year of prison when he lost all sense of time and space. He was a basketcase. He probably used meds his last 3 years behind bars as well. Perhaps Dr. Sollecito saw that his son got legal prescriptions for him, maybe even purchasing prison favors that way, who knows?
Maybe Knox scoffed at Raf’s crutch, and she continued to compete with him behind bars. She scoffed at her mom for taking antidepressants. Knox had no room to talk as she herself was reportedly a massive drug user at UW and in Italy found a job where liquor flowed.
Has Raf continued the drug use? Does Greta his new girlfriend use drugs? Or has he sworn them off motivated by anger and determination to clear his head for his legal fight?
The concept of “anima” is unknown to me, although the term is familiar. I will research it online, thank you. Your insights are always valuable, thank you for sharing them. Thanks for educating us in the short comment format which can’t do justice to your full knowledge of the subject, but does shed a lot of light and points the way.
Raffaele’s mother and her sad demise seem to be at the root of her son’s depression. Raf has lack of confidence and the need to bluff where he feels no real power. He and Knox are still learning tricks from each other.I think Knox may have been a father-figure to him in a twisted way, because Amanda is energetic and adventurous and for a short while in Perugia seemed to have it all together and be a hard worker like his dad. Raf met Knox at the peak of her exhileration with her new life in Italy. Like a drug high, it might not have lasted. He was completely deceived.
He may have felt he could never compete with his older sister who might have seemed to him like Amanda and his dad: energetic, capable, feet on ground. This is probably what Raf needs in his life.
Raf commented on Knox living life as if in a dream, there was no reality in her mind, she lived only for pleasure. Maybe he did not like this side of her. This was his wakeup call and he spoke about it openly because it was something he didn’t like, having thought at first glance she was a strong American. He didn’t know whether to attribute her odd mental impracticality to her nationality, her genetics, her femaleness, or her unknown religious upbringing. He had no clue, and maybe it even made him feel stronger and more grounded by comparison since he had formerly thought of himself as a tetherless dreamer but he didn’t want another spaced out confused dreamer like himself for a partner and was having second thoughts. He preferred her rough kick-butt side. She was the brother he never had, a wild West type, a cowboy to climb trees with and roam the range, the key to a new country after his launch to Munich didn’t work out.
In early childhood Raf maybe got labeled or saw himself as “slow” or “dumb” and began to live a self-fulfilling prophecy. He might have felt misunderstood knowing that he did have a lot of intelligence, but that he did not have the same personality as his dad or sis, and not wanting to be equated with his pushed aside mom. He must have felt very alone.
He also may be carrying a lot of shame about his MPD Psycho habit and his secret fantasy life of violence.
Raffaele may have been turned off yet partly tantalized by his father’s profession. A doctor sees a lot of blood and gruesome things with the body.
Raffaele may hero worship a father who can face such grotesque things without wincing, and a sister who had power with the police and saw crime victims.
You mention the Arts and a psychologist who treated performers with burnout and creative types who needed help or a life coach. Maybe Raffaele does see himself as more that artsy type of person, someone wanting to create computer games, sci-fi fantasy, or be an “Experience Teller”. He did write a book, so maybe he does fall into the category of artistic temperament, which often needs a guide or an infusion of stiffened backbone to face the realities of life in a business sense.
Knox seems to be struggling with math, yet her mom is a math teacher and her dad an accountant.
Thursday, June 12, 2014
Fifty Of The Most Common Myths Still Promoted Without Restraint By The Knox PR Campaign
Posted by The Machine
Fooled ya! Knox’s parents have the mythmaking machine’s pedal to the floor, and arent slowing it
Introduction
I’ve listed the 50 most common myths circulating in the media with regard to the Amanda Knox/Meredith Kercher case and refuted them using as far as possible the official court documents and court testimony.
1. Knox was called to the Perugia central police station on 5 November 2007.
Neither the police nor the prosecutors brought Knox in for questioning on 5 November 2007. She was there unwanted, and stayed after it was suggested she go home and sleep.
Amanda Knox herself testified in court that she wasn’t called to come to the police station on 5 November 2007.
Carlo Pacelli: “For what reason did you go to the Questura on November 5? Were you called?”
Amanda Knox: “No, I wasn’t called. I went with Raffaele because I didn’t want to be alone.”
Monica Napoleoni, the head of Perugia’s homicide squad, said they told Knox she should go home to rest, but Knox insisted on staying:
Amanda also came that evening, the evening of the 5th. We said to Amanda that she could go home to rest. Since, during those days, she was always saying, always complaining that she wanted to rest, wanted to eat, we said: “˜Look, you’ve eaten; you can go and rest yourself. If there’s a need, we’ll call you.’
Instead, she was very nervous, and insisted on staying there.
Inspector Rita Ficarra was the one who led the discussion on a list of possible perps with Knox.
Rita Ficarra: My astonishment was that I saw, I found her there, and I found her doing ““ demonstrating ““ her gymnastic abilities: she was doing a cartwheel; she had shown the back arch, she had done the splits, and it seemed to me, sincerely, a bit out of place, that is to say given the circumstances, the moment and the place. For which [reason] I admonished her, and I even asked her what she was doing there.
She, and my colleagues also confirmed this, said to me that she had come because they had called Raffaele Sollecito, he had been invited that evening to give another recap, and she had accompanied him.
Judge Massei [GCM]: You said this to her in English or in Italian?
RF: In Italian. I reiterate that she speaks Italian, with me she speaks only in Italian. I do not understand a word of English, so “¦ My colleagues confirm that there was Sollecito who was there in another room and in that moment the Deputy Commissioner Napoleoni and other colleagues were listening to him.
And continuing to speak, the girl told me that she was rather shocked at the fact, annoyed at the fact that she had been called and recalled several times by the Police and [that] she was totally tired.
At that point, I also admonished her because I said: you’re tired, yet nonetheless you came this evening, when nobody has invited you: you could have gone to rest. And furthermore ““ I said ““ you don’t understand that we are talking about a murder, of a person that you say was your friend, [who] lived in the same house as you, it happened in your house. If the Police call you, put yourself in our shoes: we need useful information.
2. Knox was subjected to an all-night interrogation on 5/6 November.
According to Barbie Nadeau in The Daily Beast, Amanda Knox’s questioning began at about 11:00pm.
“Since Knox was already at the police station [in the company of Raffaele Sollecito], the head of the murder squad decided to ask her a few questions. Her interrogation started at about 11pm.”
After Amanda Knox had made her witness statement at 1:45am, she wasn’t questioned again that evening. She decided to made another witness statement at 5:45am, but she wasn’t asked any questions.
3. Knox wasn’t provided with an interpreter for her questioning on 5 November 2007.
This claim is completely false as shown through the trial testimony of Knox and her interpreter. Knox’s interpreter on 5 November 2007, Anna Donnino, testified at length at trial about Knox’s convesrsation that evening. And Amanda Knox herself spoke about her interpreter when she later gave testimony at the trial.
4. Knox wasn’t given anything to eat or drink.
Reported by Richard Owen, in The Times, 1 March 2009:
Ms Napoleoni told the court that while she was at the police station Ms Knox had been “˜treated very well. She was given water, chamomile tea and breakfast. She was given cakes from a vending machine and then taken to the canteen at the police station for something to eat.’
Also reported by Richard Owen, in The Times, 15 March 2009:
Ms Donnino said that Ms Knox had been “˜comforted’ by police, given food and drink, and had at no stage been hit or threatened.
John Follain in his book Death in Perugia, page 134, also reports that Knox was given food and drink during her questioning:
During the questioning, detectives repeatedly went to fetch her a snack, water, and hot drinks, including chamomile tea.
This is from the relevant court transcript:
Monica Napoleoni: Amanda was given something to drink several times. She was brought hot chamomile; she was taken to the bar of the Questura to eat. First she was given brioches from the little [vending] machine.
Carlo Pacelli: These methods of treatment, how did they translate into practice? With what behaviour/actions [were they carried out] in actual fact? Earlier, you recalled that they actually brought her something to eat”¦
MN: It’s true. That morning, I remember that Inspector Ficarra actually took her to the bar to eat as soon as it opened. But before [that], we have little [vending] machines on the ground floor, and she was brought water, she was brought hot drinks, she was brought a snack. But also Raffaele, he was given something to drink; it’s not as though they were kept “¦ absolutely.
Giuliano Mignini: Had types of comfort been offered to her?
Anna Donnino: Well, during the evening, yes, in the sense that I remember that someone went down to the ground floor; it was the middle of the night, so in the station at that hour there are those automatic distributors; there’s nothing else; someone went to the ground floor and brought everybody something to drink, some hot drinks and something to eat. I myself had a coffee, so I believe that she also had something.
Above: Several of the myth inventors and disseminators: Sforza, Mellas, Preston
5. Knox was beaten by the police.
The witnesses who were present when Knox was questioned, including her interpreter, testified under oath at the trial in 2009 that she wasn’t hit. (Under Italian law, witnesses must testify under oath, while defendants do not, so are not required by law to be truthful on the stand.)
These are from the relevant court transcripts:
Giuliano Mignini: Do you recall, shall we say, that night between the 1st and then the spontaneous declarations and then the order for arrest, who and what was with her, other than you, whether there were other subjects that spoke with us, how they behaved? Did [she] undergo/experience violent [sic: NdT: “violente” in Italian, probably typo for “violenze” = “violence/force/assault”] by any chance?
Rita Ficarra: Absolutely not.
GM: Was she intimidated, threatened?
RF: No. I, as I said earlier, I came in that evening and there were some colleagues from the Rome SCO, I was with Inspector Fausto Passeri, then I saw come out, that is come out from the entry-door to the offices of the Flying [Squad] the Assistant Zugarini and Monica Napoleoni, who appeared for an instant just outside there, then we went back in calmly, because the discussion we had with her was quite calm.
Giuliano Mignini: ... violence, of “¦
Monica Napoleoni: But absolutely not!
Mignini: You remember it”¦ you’ve described it; however, I’ll ask it. Was she threatened? Did she suffer any beatings?
Anna Donnino: Absolutely not.
GM: She suffered maltreatments?
AD: Absolutely not.
Carlo Pacelli: In completing and consolidating in cross-examination the questions by the public prosecutor, I refer to the morning of the 6th of November, to the time when Miss Knox had made her summary information. In that circumstance, Miss Knox was struck on the head with punches and slaps?
Anna Donnino: Absolutely not.
CP: In particular, was she struck on the head by a police woman?
AD: Absolutely not!
CP: Miss Knox was, however, threatened?
AD: No, I can exclude that categorically!
CP: With thirty years of prison”¦ ?
AD: No, no, absolutely not.
CP: Was she, however, sworn at, in the sense that she was told she was a liar?
AD: I was in the room the whole night, and I saw nothing of all this.
CP: So the statements that had been made had been made spontaneously, voluntarily?
AD: Yes.
Carlo Della Valla: This”¦
Giancarlo Massei: Pardon, but let’s ask questions”¦ if you please.
CP: You were also present then during the summary informations made at 5:45?
AD: Yes.
CP: And were they done in the same way and methods as those of 1:45?
AD: I would say yes. Absolutely yes.
CP: To remove any shadow of doubt from this whole matter, as far as the summary information provided at 5:45 Miss Knox was struck on the head with punches and slaps?
AD: No.
CP: In particular, was she struck on the head by a policewoman?
AD: No.
Even Amanda Knox’s lawyer, Luciano Ghirga, distanced himself in the Italian media from these allegations and never lodged any complaint:
There were pressures from the police, but we never said she was hit.
6. Knox was refused a lawyer.
Rita Ficarra and Anna Donnino testified that Knox was several times advised to have a lawyer, but each she declined the offer:
Anna Donnino: ...she was asked if she wanted a lawyer.
Giuliano Mignini: And what was her response?
AD: She had answered no; I remember that she replied with no.
Before she insisted on drafting her 1:45 and 5:45 am accusations Knox was advised to have a lawyer advise her, but she declined and pressed on.
Dr Mignini has wondered if the Supreme Court really understood this in banning the two unprovoked accusations from Knox’s main trial.
7. Knox was tag-teamed by two police officers every hour.
According to Anna Donnino, who arrived at the police station at about 12:30am, there was a total of three people in the room with Knox:
Anna Donnino: “I had been made to enter a room where in fact there was Inspector Ficarra at a small table, another colleague from SCO (I only remember his first name; he was called Ivano), a police officer, and there was Miss Knox seated. I seated myself beside her.”
Above: Several of the main myth inventors and disseminators: Fischer, Sforza, Moore
8. Knox was asked to imagine what might have happened.
According to the corroborative testimony of the three others present, including Rita Ficarra and Anna Donnino, Amanda Knox voluntarily and spontaneously accused Patrick Lumumba of murdering Meredith.
Here is Rita Ficarra.
We found only that one [text message] sent by her. She was given the mobile into her hand, and it was said, who is this person, and did you go out later or not? She said the name of Patrick Lumumba, and gave the declaration that then ...
GM: And what behaviour did she then adopt/assume?
RF: She suddenly put her hands to her head, burst out crying and said to us “It’s him, it’s him, it was him, he killed her”. It was the only time that I saw her cry.
GM: This behaviour, did she then continue like that during the course of that morning, by now we were at what time?...
RF: No, she was as if she was giving vent in that moment, she cried, she began to say that he was crazy, he was crazy.
Here is Anna Donnino:
Judge Massei: This change, at what moment did it happen, and in what did it consist of?
Anna Donnono: The change had occurred right after this message, in the sense that the signorina said she hadn’t replied to the message from Patrick, when instead her reply message was shown to her she had a true and proper emotional shock. It’s a thing that has remained very strongly with me because the first thing that she did is that she immediately puts her hands on her ears, making this gesture rolling her head, curving in her shoulders also and saying “It’s him! It’s him! It was him! I can see/hear him or: I know it.[Lo sento]” and so on and so forth.
Carlo Pacelli: So the statements that had been made had been made spontaneously, voluntarily?
Anna Donnino: Yes.
Here is Judge Massei.
[After hearing and weighing up the testimony of these witnesses and Amanda Knox, Judge Massei stated that it couldn’t be claimed that] “Amanda Knox was persuaded by the investigators to accuse Diya Lumumba, aka Patrick, by means of various pressing requests which she could not resist.” (Massei report, page 388.)
[He noted that there had been] “no corroboration of the pressing requests which Amanda was seemingly subjected to in order to accuse Diya Lumumba of the crime committed to the detriment of Meredith.” (Massei report, page 389.)
Judge Massei concluded at trial in 2009 that Knox had freely accused Patrick Lumumba of Meredith’s murder and awarded her a prison sentence for calunnia confirmed in 2013 by the Supreme Court for which there is no further appeal.
9. Amanda Knox claimed she had had a “dream-like vision” in her witness statements.
Amanda Knox makes no mention of a dream or vision in her two witness statements. She categorically states that she met Diya Lumumba at Piazza Grimana and that they went to the cottage on Via della Pergola. In her first witness statement, she claims that Lumumba killed Meredith.
This is from the 1:45 am statement.
I responded to the message by telling him that we would see each other at once; I then left the house, telling my boyfriend that I had to go to work. In view of the fact that during the afternoon I had smoked a joint, I felt confused, since I do not frequently make use of mind-altering substances, nor of heavier substances.
I met Patrik immediately afterward, at the basketball court on Piazza Grimana, and together we went [to my] home. I do not recall whether Meredith was there or arrived afterward. I struggle to remember those moments, but Patrik had sex with Meredith, with whom he was infatuated, but I do not recall whether Meredith had been threatened beforehand. I recall confusedly that he killed her.
This is from the 5:45 am statement.
I wish to relate spontaneously what happened because these events have deeply bothered me and I am really afraid of Patrick… I met him in the evening of November 1st 2007, after sending him a reply message saying “I will see you”. We met soon after at about 21.00 at the basketball court of Piazza Grimana. We went to my apartment in Via della Pergola n. 7.
I do not clearly remember if Meredith was already at home or if she came later, what I can say is that Patrick and Meredith went into Meredith’s room, while I think I stayed in the kitchen. I cannot remember how long they stayed together in the room but I can only say that at a certain point I heard Meredith screaming and as I was scared I plugged up my ears.
10. Amanda Knox was questioned in Italian
The police provided Amanda Knox with an interpreter, Anna Donnino, so that she could be questioned in English.
11. Dr Mignini questioned Knox on 5 November 2007.
Dr Mignini did not question Amanda Knox that evening. She wanted to make further declarations, and he came to the police station on the night only because he was on duty and had to witness Knox being cautioned. After Knox was cautioned that she need not say anything without a lawyer, Knox nevertheless insisted that she draft a second statement in front of him.
Mr Mignini explained what happened in his e-mail letter to Linda Byron, a journalist for King5 in Seattle:
All I did was to apply the Italian law to the proceedings. I really cannot understand any problem.
In the usual way, Knox was first heard by the police as a witness, but when some essential elements of her involvement with the murder surfaced, the police suspended the interview, according to article 63 of the penal-proceedings code.
But Knox then decided to render spontaneous declarations that I took up without any further questioning, which is entirely lawful.
According to article 374 of the penal-proceedings code, suspects must be assisted by a lawyer only during a formal interrogation, and when being notified of alleged crimes and questioned by a prosecutor or judge, not when they intend to render unsolicited declarations.
Since I didn’t do anything other than to apply the Italian law applicable to both matters, I am unable to understand the objections and reservations which you are talking about.”
In Amanda Knox’s written witness statement, she explicitly states that she’s making a spontaneous declaration:
I wish to relate spontaneously what happened because these events have deeply bothered me and I am really afraid of Patrick, the African boy who owns the pub called Le Chic located in Via Alessi, where I work periodically.
12. Knox didn’t confess until 6am.
Amanda Knox’s first written statement was made at 1:45am. It was not a confession, it was a false accusation.
13. Knox retracted her allegation against Lumumba immediately.
Amanda Knox didn’t retract her accusation immediately. In fact, she never did formally. Knox reiterated her allegation in her handwritten note to the police late morning of 6 November 2007, which was admitted in evidence: From the Massei report:
[Amanda] herself, furthermore, in the statement of 6 November 2007 (admitted into evidence ex. articles 234 and 237 of the Criminal Procedure Code and which was mentioned above) wrote, among other things, the following:
I stand by my [accusatory] statements that I made last night about events that could have taken place in my home with Patrick”¦in these flashbacks that I’m having, I see Patrick as the murderer”¦
This statement was that specified in the notes of 6 November 2007, at 20:00, by Police Chief Inspector Rita Ficarra, and was drawn up following the notification of the detention measure, by Amanda Knox, who “requested blank papers in order to produce a written statement to hand over” to the same Ficarra. (Massei report, page 389.)
Knox did not withdraw the false accusation at her first hearing in front of a magistrate on 8 November.
The Massei court took note of the fact that Amanda Knox didn’t recant her false and malicious allegation against Diya Lumumba during the entire time, two weeks, he was kept in prison.
14. In the days following Meredith’s murder, Knox voluntarily stayed in Perugia to help the police
This claim is contradicted by Amanda Knox herself. In the e-mail she wrote to her friends in Seattle on 4 November 2007 she categorically stated she was not allowed to leave Italy:
“i then bought some underwear because as it turns out i wont be able to leave italy for a while as well as enter my house”
Knox actually knew on 2 November 2007 that she couldn’t leave Italy. Amy Frost, a friend of Meredith, reported the following conversation (Massei report, page 37):
“I remember having heard Amanda speaking on the phone. I think that she was talking to a member of her family, and I heard her say, “˜No, they won’t let me go home; I can’t catch that flight.’ “
15. All of Meredith’s friends left immediately.
The police also told Sophie Purton that they needed her to stay on in Perugia on precisely the same basis as Amanda Knox. Sophie had been counting on leaving Perugia to fly back home as soon as her parents arrived, but the police called to tell her they needed her to stay on; they would let her know when she could leave. Her father stayed on with her.
In chapter 19 of Death in Perugia John Follain states that Sophie Purton was questioned by Mignini and Napoleoni in the prosecutor’s office on 5 November 2007.
16. There were only two tiny pieces of DNA evidence that implicated her, but they were probably contaminated.
The Italian Supreme Court explained how DNA evidence should be assessed in court; i.e., contamination must be proven with certainty, not supposition. The Court stated that the theory “anything is possible” in genetic testing is not valid.
The burden of proof is on the person who asserts contamination, not the person who denies it.
In other words, if the defence lawyers claim the DNA evidence was contaminated, they must describe the specific place and time where it could have plausibly occurred. Nobody has ever proved that the bra clasp and knife evidence were contaminated. Even Conti and Vecchiotti excluded contamination in the laboratory:
“Laboratory contamination was also excluded by these experts [Conti and Vecchiotti].” (The Supreme Court report, page 92.)
(1) The bra clasp
The fact that the bra clasp was not collected immediately because defense witnesses were not available is irrelevant. The cottage was a sealed crime scene and nobody entered the room during this time:
...the flat had been sealed and nobody had had the opportunity to enter, as shown in the case file.” (The Italian Supreme Court report, page 92.)
Alberto Intini, the head of the Italian police forensic science unit, excluded environmental contamination because “DNA doesn’t fly.”
Even Conti and Vecchiotti excluded contamination in the laboratory because Dr Stefanoni last handled Sollecito’s DNA twelve days before she analysed the bra clasp.
Professor Francesca Torricelli testified that it was unlikely the clasp was contaminated because there was a significant amount of Sollecito’s DNA on it. His DNA was identified by two separate DNA tests. Of the 17 loci tested in the sample, Sollecito’s profile matched 17 out of 17.
David Balding, a Professor of Statistical Genetics at University College London, analysed the DNA evidence against Sollecito and concluded that the evidence was strong”
“...because Sollecito is fully represented in the stain at 15 loci (we still only use 10 in the UK, so 15 is a lot), the evidence against him is strong”¦”
(2) The knife
Dr Stefanoni analysed the traces on the knife six days after last handling Meredith’s DNA. This means that contamination couldn’t have occurred in the laboratory. Meredith had never been to Sollecito’s apartment, so contamination away from the laboratory was impossible.
The knife and bra clasp are not the only pieces of DNA evidence.
According to the prosecution’s experts, there were five samples of Knox’s DNA or blood mixed with Meredith’s blood in three different locations in the cottage. After the trial in 2009, The Kerchers’ lawyer, Francesco Maresca, said the mixed-blood evidence was the most damning piece of evidence against Amanda Knox.
The Scientific Police experts concluded it proves that Meredith and Knox were bleeding at the same time.
17. The knife has essentially been thrown out.
The knife hasn’t been thrown out. A further DNA sample (36-I) was extracted from the blade last year and tested by the Carabinieri RIS DNA experts Major Berti and Captain Barni. The sample was attributed to Amanda Knox, the second. Judge Nencini stated in his report that Knox stabbed Meredith with the knife.
Above: Several of the myth inventors and disseminators: Hampikian, Burleigh, Heavey
18. The knife doesn’t match any of the wounds on Meredith’s body.
The prosecution experts, multiple defence experts and Judge Massei in his report have all agreed that the double DNA knife DID match the large wound on Meredith’s neck.
“On these matters, the considerations already made must be recalled which led this Court to evaluate the outcome of the genetic investigation as reliable, and this knife as absolutely compatible with the most serious wound.” (Massei report, page 375.)
Barbie Nadeau, an American journalist based in Rome, reported directly from the courtroom in Perugia that multiple witnesses for the defence, including Dr. Carlo Torre, conceded that the double DNA knife was compatible with the deep puncture wound in Meredith’s neck.
According to multiple witnesses for the defense, the knife is compatible with at least one of the three wounds on Kercher’s neck, but it was likely too large for the other two. (Barbie Nadeau, Newsweek.)
He (Dr. Carlo Torre, defence expert) conceded that a third larger wound could have been made with the knife, but said it was more likely it was made by twisting a smaller knife. (Barbie Nadeau, The Daily Beast.)
19. The DNA on the blade could match half the population of Italy.
Vieri Fabani, a lawyer for the Kerchers, pointed out that there is the possibility of 1 in 1 billion 300 million that the DNA on the blade does not belong to Meredith.
20. Meredith’s DNA wasn’t found on the blade of the knife.
A number of independent forensic experts—Dr. Patrizia Stefanoni, Dr. Renato Biondo, Professor Giuseppe Novelli, Professor Francesca Torricelli and Luciano Garofano—have all confirmed that sample 36B was Meredith’s DNA.
Even American experts Elizabeth Johnson, Greg Hampikian and Bruce Budowle, who have been critical of the Scientific Police’s work in this case, have conceded that the DNA was consistent with Meredith’s DNA profile.
It should be noted that none of these American experts testified at the trial or played any official role in the case. They became involved in the case after being approached by supporters of Amanda Knox. They had no bearing on the legal proceedings in Florence.
Judge Nencini accepted that Judge’s Massei and the prosecution’s assertions that Meredith’s DNA was on the blade of Sollecito’s kitchen knife and that it was the murder weapon.
21. No other knives were taken from Sollecito’s apartment.
Judge Massei discusses a jack-knife that was 18cm long with an 8cm blade at some length and the results of the DNA tests that were carried out on it:
“He [Armando Finzi] recalled they found another knife whose total length was 18cm, with an 8cm blade”¦” (Massei report, page 106.)
“On the jack”‘knife, four samples were taken, with negative results where blood-derived substances had been looked for; on the fourth sample, which involved the handle, the genetic profile was found to be of Sollecito plus Knox.” ( Massei report, page 194.)
22. The knife was chosen at random.
Armando Finzi was the police officer who bagged the knife. He testified that he thought it was the murder weapon because it was compatible with the wound on Meredith’s neck. Andrea Vogt explained this in the same article:
“Armando Finzi, an assistant in the Perugia police department’s organized crimes unit, first discovered the knife in Sollecito’s kitchen drawer. He said the first thing he noticed upon entering the place was a “˜strong smell of bleach.’ He opened the drawer and saw a “˜very shiny and clean’ knife lying on top of the silverware tray.
” “˜It was the first knife I saw,’ he said. When pressed on cross-examination, he said his “˜investigative intuition’ led him to believe it was the murder weapon because it was compatible with the wound as it had been described to him. With gloved hands, he placed the knife in a new police envelope, taped it shut with Scotch tape, then placed it inside a folder, he said. There were smaller and bigger knives in the drawer, but no others were taken into evidence from the kitchen, he said.” (Andrea Vogt, The Seattle Post-Intelligencer, 28 February 2009.)
23. No control tests were done.
John Follain pointed out in Death in Perugia that the control tests had been filed with another judge:
“The tests had been filed with an earlier test, and Judge Pratillo Hellmann later admitted them as evidence.” (Death in Perugia, Kindle edition, page 409.)
The judges at the Supreme Court in Italy noted in their report that the negative controls had been carried out:
“...since all the negative controls to exclude it [contamination] had been done by Dr Stefanoni”¦” (Supreme Court report, page 93.)
The judges at the Italian Supreme Court criticised the court-appointed independent experts Conti and Vecchiotti for assuming they hadn’t been done.
24. There is no evidence of Amanda Knox at the actual crime scene.
The crime scene involves the whole cottage and isn’t limited to Meredith’s room. Knox and Sollecito were both convicted of staging the break-in in Filomena’s room. Furthermore, there is plenty of evidence placing Amanda Knox in Meredith’s room on the night of the murder.
For example, her DNA was found on the handle of the murder weapon, her bare bloody footprints were revealed by Luminol in the hallway and her own room and, according to the Scientific Police, her blood was mixed with Meredith’s blood in different parts of the cottage. Knox’s lamp was found in Meredith’s room, and a shoeprint in her size of shoe.
25. None of the Luminol* stains contained Meredith’s DNA.
Two of the traces revealed by Luminol contained Meredith’s DNA:
“Amanda (with her feet stained with Meredith’s blood for having been present in her room when she was killed) had gone into Romanelli’s room and into her [own] room, leaving traces [which were highlighted] by Luminol, some of which (one in the corridor, the L8, and one, the L2, in Romanelli’s room) were mixed, that is, constituted of a biological trace attributable to [both] Meredith and Amanda”¦” (Massei report, page 380.)
[* Luminol is a substance used in crime-scene investigations to reveal blood that has been cleaned up. It reacts with the microscopic particles of iron in the blood and turns it fluorescent.]
26. Mignini is persecuting Amanda Knox.
As shown above Dr Mignini was absent when Knox made her false accusation. Because of checks and balances, prosecutors in Italy have far less power than their American counterparts. The decision to send Knox to trial was actually made by Judge Micheli in 2008, not by Dr Mignini.
Judge Massei, Judge Cristiani and six lay judges found Knox guilty of murder in Perugia in 2009, and Judge Nencini, Judge Cicerchia and six lay judges confirmed Knox guilty of murder at the appeal in Florence in January 2014.
Dr Mignini is just one of several prosecutors who have been involved in the case. Manuela Comodi was Mignini’s co-prosecutor at the the trial in 2009. Giancarlo Costagliola was the main prosecutor in the first appeal, which was annulled by the Italian Supreme Court. He and Giovanni Galati appealed against the 2011 acquittals. Dr Mignini played no part in the new appeal in Florence. Alessandro Crini was the prosecutor.
27. Mignini claimed Meredith was killed as part of a satanic ritual.
Mignini has never claimed that Meredith was killed during a satanic or sacrificial ritual, and that’s the reason why no one has been able to provide a verbatim quote from Mignini supporting this false accusation.
Mignini specifically denied claiming that Meredith was killed in a sacrificial rite, in his letter to the Seattle reporter Linda Byron:
“On the “˜sacrificial rite’ question, I have never said that Meredith Kercher was the victim of a “˜sacrificial rite.’ “
Mignini also made it quite clear that he has never claimed that Meredith was killed as part of a satanic rite in his interview with Drew Griffin on CNN:
Drew Griffin: “You’ve never said that Meredith’s death was a satanic rite?”
Mignini: “I have never said that. I have never understood who has and continues to say that. I read, there was a reporter ““ I don’t know his name; I mention it because I noticed it ““ who continues to repeat this claim that, perhaps, knowing full well that it’s not like that.
“I have never said that there might have been a satanic rite. I’ve never said it, so I would like to know who made it up.”
Above: Several of the myth inventors and disseminators: Kassin, Dempsey, Douglas
28. Mignini claimed Meredith was killed in a sex game that went wrong.
Mignini didn’t say anything about there being a sex game that went wrong when he presented his timeline to the court at the trial. Please be warned that there is some extremely graphic content below:
[Timeline of the attack on Meredith]
23:21: Amanda and Raffaele go into the bedroom while Rudy goes to the bathroom.
23:25: A scuffle begins between Amanda, helped by Raffaele, and Meredith. The English girl is taken by the neck, then banged against a cupboard, as shown by wounds to the skull. She resists all this. Rudy Guede enters.
23:30: Meredith falls to the floor. The three try to undress her to overcome her; they only manage to take off her trousers. The girl manages to get up, she struggles. At this point, the two knives emerge from the pockets of Amanda and Raffaele: one with a blade of four to five centimetres, the other, however, a big kitchen knife. Meredith tries to fend off the blades with her right hand. She is wounded.
23:35: The assault continues. Sollecito tries to rip off the English girl’s bra.
23:40: Meredith is on her knees, threatened by Amanda with the knife while Rudy holds her with one hand and with the other hand carries out an assault on her vagina. There is first a knife blow on her face, then straight away another. However, these blows are not effective. The three become more violent. With the smaller knife, Sollecito strikes a blow: the blade penetrates 4 centimetres into the neck.
There is a harrowing cry, which some witnesses will talk about. Amanda decides to silence her, still according to the video brought to court by the prosecutors, and strikes a blow to the throat with the kitchen knife: it will be the fatal wound. Meredith collapses on the floor.
23:45: Meredith is helped up by Rudy and is coughing up blood. The English girl, dying, is dragged along so that she can continue to be undressed.
29. Mignini called Amanda Knox a “she-devil.”
It wasn’t Mignini who called Amanda Knox a “she-devil”; it was Carlo Pacelli, the lawyer who represents Diya Lumumba, at the trial in 2009.
Carlo Pacelli’s comments were widely reported by numerous journalists who were present in the courtroom. Barbie Nadeau describes the moment he asked if Knox is a she-devil in some detail in Angel Face:
“”˜Who is the real Amanda Knox?’ he asks, pounding his fist in the table. “˜Is she the one we see before us here, all angelic? Or is she really a she-devil focused on sex, drugs, and alcohol, living life on the edge?’
“She is the luciferina—she-devil.’” (Barbie Nadeau, Angel Face, Kindle edition, page 124.)
30. Dr Mignini was convicted of a felony and faced prison.
The Florence Appeal Court and Cassation scathingly threw out a malicious prosecution for which both the prosecutor and judge suffered. Dr Mignini has never faced the slightest risk of prison. Often now seen on national TV, Dr Mignini is expected to be the next Prosecutor General of Umbria.
31. Rudy Guede was a drifter.
Rudy Guede lived in Perugia from the age of five, and he had his own apartment at the time of the murder.
32. Guede had a criminal record at the time of the murder.
Rudy Guede didn’t have any criminal convictions at the time of Meredith’s murder. He was not a drug dealer and not a police informant. As Judge Micheli scathingly noted, there is no proof that he committed any break-ins.
33. Guede left his DNA all over Meredith and all over the crime scene.
There was only one sample of Guede’s DNA on Meredith body and there were only five samples of his DNA at the cottage. His DNA was found on a vaginal swab, on the sleeve of Meredith’s tracksuit, on her bra, on the zip of her purse and on some toilet paper in the bathroom that Filomena and Laura shared.
“...also a genetic profile, from the Y haplotype on the vaginal swab, in which no traces of semen were found; DNA on the toilet paper in the bathroom near the room of Mezzetti, where unflushed faeces were found; on the bag found on the bed; on the left cuff of the blue sweatshirt (described as a “zippered shirt” in the first inspection, discovered smeared with blood near the body and partly underneath it); and on the right side of the bra found by the foot of Kercher’s body”¦” ( Judge Giordano sentencing report, page 5.)
34. Guede left his semen at the crime scene.
Guede’s DNA semen wasn’t found at the crime scene.
“...also a genetic profile, from the Y haplotype on the vaginal swab, in which no traces of semen were found”¦” (Judge Giordano sentencing report, page 5.)
“In one of these swabs was found biological material belonging to a male subject identified as Rudy Hermann Guede. This material, which turned out not to be spermatic [158], could be from saliva or from epithelial cells from exfoliation”¦” (Massei report, page 158.)
35. Guede left his DNA inside Meredith’s bag.
According to the Micheli report, which was made available to the public in January 2009, Guede’s DNA was found on the zip of Meredith’s purse, and not inside it.
“...b) traces attributable to Guede: ...on the bag found on the bed”¦” (Judge Giordano sentencing report, page 5.)
36. Guede left his bloody fingerprints all over the crime scene.
He left zero fingerprints. According to the Micheli report, the Massei report and Rudy Guede’s final sentencing report, Guede was identified by a single bloody palm print:
“...b) traces attributable to Guede: a palm print in blood found on the pillow case of a pillow lying under the victim’s body ““ attributed with absolute certainty to the defendant by its correspondence to papillary ridges as well as 16-17 characteristic points equal in shape and position”¦” (Judge Giordano sentencing report, page 5.)
It is confirmed that Guede was identified by a bloody palm print in the Micheli report (pages 10-11) and the Massei report (page 43).
37. Guede left his hair at the crime scene.
The Scientific Police didn’t find any hair that belonged to Rudy Guede at the crime scene. That’s why there’s no mention of this in any of the court documents.
38. Guede pleaded guilty or confessed.
Rudy Guede has never pleaded guilty or confessed to Meredith’s murder. He offered to testify against Knox and Sollecito at trial in 2009, but the prosecutors did not want to give him any breaks.
39. Guede’s prison sentence was reduced because he made a deal with the prosecutors.
Guede was sentenced to 30 years in prison by Judge Micheli in 2008. However, his sentence was reduced because he opted for a fast-trial, which means he automatically received a third off the sentence of Knox and Sollecito. Generic mitigating circumstances—i.e., his young age—were also taken into consideration.
40. Guede didn’t implicate Knox and Sollecito until much later.
Rudy Guede first implicated Knox and Sollecito whilst on the run in Germany on 19 November 2007 in an intercepted Skype conversation with his friend Giacomo:
Giacomo: “So they [Knox and Sollecito] killed her while she was dressed.”
Guede: “Yes, here it says that they [clothes] were washed in the washing machine, but that’s not true. She was dressed.”
41. Amanda Knox didn’t know Rudy Guede.
Amanda Knox testified in court that she had met Rudy Guede on several occasions.
Here’s the court transcript:
Carlo Pacelli (CP), Patrick Lumumba’s lawyer: In what circumstances did you meet him (Rudy)?
Amanda Knox (AK): I was in the center, near the church. It was during an evening when I met the guys that lived underneath in the apartment underneath us, and while I was mingling with them, they introduced me to Rudy.
CP: So it was on the occasion of a party at the house of the neighbors downstairs?
AK: Yes. What we did is, they introduced me to him downtown just to say “This is Rudy, this is Amanda”, and then I spent most of my time with Meredith, but we all went back to the house together.
CP: Did you also know him, or at least see him, in the pub Le Chic, Rudy?
AK: I think I saw him there once.
CP: Listen, this party at the neighbors, it took place in the second half of October? What period? End of October 2007?
AK: I think it was more in the middle of October.
42. Raffaele Sollecito had never been in trouble with the police.
Raffaele Sollecito had a previous brush with the police in 2003.
“...Antonio Galizia, Carabinieri [C.ri] station commander in Giovinazzo, who testified that in September 2003 Raffaele Sollecito was found in possession of 2.67 grams of hashish.” (Massei report, page 62.)
43. Sollecito had an impeccable track record.
Sollecito was monitored at university after being caught watching hardcore pornography featuring bestiality:
“...and educators at the boy’s ONAOSI college were shocked by a film “˜very much hard-core…where there were scenes of sex with animals with animals,’ at which next they activated a monitoring on the boy to try to understand him. (Pages 130 and 131, hearing 27.3.2009, statements by Tavernesi Francesco).” (Massei report, page 61.)
44. Sollecito couldn’t confirm Knox’s alibi because he was sleeping.
The claim that Sollecito couldn’t confirm Knox’s alibi because he was sleeping is completely contradicted by Sollecito’s witness statement:
“Amanda and I went into town at around 6pm, but I don’t remember what we did. We stayed there until around 8:30 or 9pm.
“At 9pm I went home alone and Amanda said that she was going to Le Chic because she wanted to meet some friends. We said goodbye. I went home, I rolled myself a spliff and made some dinner.” (Aislinn Simpson, The Daily Telegraph, 7 November 2007.)
Police said Raffaele Sollecito had continued to claim he was not present on the evening of the murder. He said:
“I went home, smoked a joint, and had dinner, but I don’t remember what I ate. At around eleven my father phoned me on the house phone. I remember Amanda wasn’t back yet. I surfed on the Internet for a couple of hours after my father’s phone call, and I stopped only when Amanda came back, about one in the morning, I think. (The Times, 7 November 2007.)
Above: The two provisionally convicted who originated some of the cancerous myths.
45. Amanda Knox had never been in trouble with the police.
According to Andrew Malone in an article on the Mail Online website, Amanda Knox was charged with hosting a party that got seriously out of hand, with students high on drink and drugs, and throwing rocks into the road, forcing cars to swerve. He claimed the students then threw rocks at the windows of neighbours who had called the police. Knox was fined $269 (£135) at the Municipal Court after the incident (crime No: 071830624).
Barbie Nadeau also reported that Knox had had a previous brush with the law:
...and her only brush with the law was a disturbing-the-peace arrest for a house party she threw.” (Barbie Nadeau, Angel Face, Kindle edition, page 6.)
According to the police ticket written by Seattle Police officer Jason Bender, Knox was issued with an infraction for the noise violation and warned about the rock throwing:
I issued S1/Knox this infraction for the noise violation and a warning for the rock throwing. I explained how dangerous and juvenile that action was.
46. Amanda Knox was retried for the same crimes.
All criminal cases in Italy are subject to three levels of review. No verdict is final until it has been confirmed by the Supreme Court.
Amanda Knox was not retried. She simply appealed her provisional 2009 convictions. The first appeal was held in Perugia in 2011, where she was provisionally acquitted by Judge Hellmann.
However, the Italian Supreme Court annulled the acquittals because Hellmann was found to have made a series of grave legal errors, and ordered a new appeal in Florence.
47. The Italian Supreme Court ruled that Amanda Knox’s interrogation was illegal.
The Italian Supreme Court has never stated that Amanda Knox’s recap/summary session on 5 November 2007 for the building of a list of names was illegal.
Bruce Fischer, who runs the Injustice in Perugia website and had heatedly denied this, eventually admitted this was not true on Perugia Murder File.net website:
“When it comes to the admissibility of the written statements, you are technically correct. The interrogation itself was never ruled illegal.”
Note that as stated above it was not an interrogation.
48. The Supreme Court threw out Amanda Knox’s statements.
The Supreme Court ruled that the 1:45am and 5:45am statements Knox insisted upon couldn’t be used against her in the murder trial because she wasn’t represented by a lawyer when she made them, even though she declined the presence of a lawyer.
However, both her statements were used against her at the calunnia component of the trial.
49. Dr. Stefanoni and the forensic technicians broke international protocols.
There is no internationally accepted set of standards. DNA protocols vary from country to country, and in America they vary from state to state. For example, New York state accepts LCN DNA tests in criminal trials.
Conti and Vecchiotti cited obscure American publications such as the Missouri State Highway Patrol Handbook and the Wisconsin Crime Laboratory Physical Evidence Handbook, not international protocols.
50. Amanda Knox is being railroaded or framed.
It would be immensely difficult in the Italian system for police or prosecutors to frame anyone and sustain this through two levels of appeal. With all its checks and balances and its professional career paths, it may be the system least prone to false final convictions in the world.
A number of Knox’s supporters, including Judy Bachrach, Paul Ciolino and Steve Moore, have claimed in the US media that Amanda Knox is being railroaded or framed, but they mis-state multiple facts and provide no hard proof or any reason why. The Hellmann appeal was wiped off the books, but they wrongly still draw upon that.
The collection of the DNA and forensic evidence was videotaped by the Scientific Police and, as the judges at the Supreme Court noted, defence experts were actually in the police labs to observe the DNA tests and reported nothing wrong:
“...the probative facts revealed by the technical consultant [Stefanoni] were based on investigative activities that were adequately documented: sampling activity performed under the very eyes of the consultants of the parties, who raised no objection”¦” (The Supreme Court report, page 93.)
The legal proceedings against Sollecito and Knox have been monitored throughout by US officials from the Rome embassy, and they at no time have ever expressed any concerns about the fairness or legitimacy of the judicial process.
Sources
Court documents
The Micheli report
The Massei report
Judge Giordano sentencing report
The Supreme court report
The Nencini report
Court testimony
Amanda Knox
Anna Donnino
Monica Napoleoni
Articles
The Daily Mail
The Times
The Telegraph
The Daily Beast
The Seattle Post-Intelligencer
Books
Death in Perugia, Kindle edition, John Follain
Angel Face, Kindle edition, Barbie Nadeau
Television programmes
Drew Griffins’ interview with Giuliano Mignini on CNN
Websites
The Freelance Desk: http://thefreelancedesk.com
Perugia Murder File.org: http://www.perugiamurderfile.org
Perugia Murder File.net: http://perugiamurderfile.net
CPS website: http://www.cps.gov.uk/publications/prosecution/lcn_testing.html
Seattle-Post Intelligencer: http://blog.seattlepi.com/seattle911/files/library/knoxincidentreport.pdf
Sunday, May 11, 2014
Knox Interrogation Hoax #1: Masterlist Of Posts Re Pre-Trial Events And Hoax Overview
Posted by Our Main Posters
Perugia Central Police Station at night (left-center)
1. Masterlist Of Posts In The Series
The Interrogation Hoax series will consist of a total of 24 posts.
These posts quote from a large number of transcripts only recently acquired and translated. There are no serious conflicts, no gray areas. One can assume with total certainty that this is the real thing (see Part 3 below), and that any other versions (see Part 4 below) are fabricated.
Numbering of posts 1-24 is not chronological, it represents the original order of postings.
1. What Happened At AK & RS Q&A Prior To 6 Nov
Click for Post: #19: ALL Knox Q&A Sessions 2-6 November 2007 WERE Recorded #1
Click for Post: #20: ALL Knox Q&A Sessions 2-6 November 2007 WERE Recorded #2
2. What Happened At Knox Q&A 6 Nov Ending 1:45 AM
Click for Post: #2: Trial Testimony From Rita Ficcara On Realities 5-6 Nov
Click for Post: #3: More Defense Pussyfooting Toward Rita Ficcara, Key Witness
Click for Post: #4: More Hard Realities From Rita Ficcara, More Nervousness From Defense
Click for Post: #12: Ficarra & Knox Notes PROVE Knox Merely Worked On Visitors Names List
Click for Post: #5: Key Witness Monica Napoleoni Confirms Knox Self-Imploded 5-6 Nov
Click for Post: #7: Testimony Of Witness Lorena Zugarini On The Knox Conniption 5-6 Nov
Click for Post: #8: Testimony Of Interpreter Donnino On Events Night Of 5 November
3. What Happened At Sollecito Q&A 6 Nov Ending 3:30 AM
Click for Post: #6: Sollecito Transcript & Actions Further Damage Knox Version
Click for Post: #9: Officer Moscatelli’s Recap/Summary Session With Sollecito 5-6 Nov
4. What Happened At Knox-Rights Session Ending 5:45am
Click for Post: #15: Knox Is Told Her Rights And Repeats Fake Murder Charge
5. What Of Relevance Happened In Ensuing Months
Click for Post: #13: The First Two Pre-Trial Opportunities Which Knox Flunked
Click for Post: #14: The Third Pre-Trial Opportunitty Which Knox Flunked
Click for Post: #16: The Fourth Pre-Trial Opportunity Which Knox Flunked
Click for Post: #17: Sollecito April 2008 Before Supreme Court Again Coldshoulders Knox
Click for Post:#18: The Final Pre-Trial Opportunities Which Knox Flunked
Click for Post: #21: Illustrating How Batshit Crazy The Interrogation Hoax Has Become
6. Why Investigators’ Version Won Hands-Down At Trial
Click for Post: #10: Why Prosecution And Defenses Never Believed Knox’s Version #1
Click for Post: #11: Why Prosecution And Defenses Never Believed Knox’s Version #2
2. Explaining Overall Arc Of Events
Much of the testimony listed above was about events at the central police station pre-arrest in early November 2007 and subsequent court attempts to achieve some believability and relief.
Early in 2009 at trial Knox and Sollecito sat glumly through all of the investigators’ pre-arrest testimony and cross-examination at trial. They were downhearted and apprehensive, and there were no smiles and few interruptions.
Subsequently Sollecito chose not to get on the stand, so from his team there really was never a rebuttal.
But Knox HAD to get on the stand, in July, for two days. She had no other way to defend herself against the serious felony crime of falsely framing Patrick for murder.
It was her word against theirs. It contradicted in many places what she had heard months earlier in sworn testimony from many investigators.
Knox’s version inevitably weakened a lot under cross-examination, and was ultimately a fail at trial and several appeals, even the annulled one.
Knox ended up serving three years. While on the stand she confirmed that she had been treated well, stiffing thousands of supporters duped into believing she had not been.
3. Explaining Court-Accepted Narrative For 6 Nov
This is an overview of Knox’s so-called “interrogation” at Perugia’s central police station, the subject of the first ten posts.
It led to her arrest and three years served. To make this picture really firm we will quote a lot of the testimony at trial. The Case Wiki carries all of these transcripts, many in English translation, and more.
Senior Inspector Rita Ficarra testified that she arrived back at the police station late on 5 November, and finds her way blocked by a cartwheeling Knox.
She rebukes Knox, who testily responds that she is tired of the investigation. Rita Ficarra tells Knox to go home and get some sleep. Knox testily refuses, and remains there.
Shortly after, Ficarra suggests to Knox that if she really wants to help, she could add to the list of possible perps - men who Meredith knew and who might have visited the house.
This was a recap/summary, a simple checking of facts with someone who might or might not be of help. This could have been done on a street corner or in a house by a single officer. It was not a witness or suspect interrogation. From the transcript:
Ghirga: “While this interrogation - let’s call it thus - was in progress, some colleagues arrive…” Ficarra: “It was not an interrogation, Attorney.” Ghirga: “They are called recaps/summaries.
Knox eagerly agrees. So they begin on the list.
This goes slowly because of language problems, until an interpreter, Anna Donnino, arrives. In total only Knox and four others (three of them women) are present.
Knox builds a list of seven people and adds maps and phone numbers (placed in evidence) in a calm proceeding. These were the names: Peter Svizzero, Patrick, Ardak, Juve, Spiros, Shaki and “a South African [Guede]” who played basketball near the house.
At several points in the evening Knox is provided with refreshments. No voices are ever raised, no bathroom breaks are refused.
In a separate wing Inspector Napoleoni and a couple of colleagues are seeking facts from Sollecito. Shown conflicts between what he has said and what his phone records show, Sollecito backtracks, and declares that Knox went out alone on the night, and made him lie.
Napoleoni moves through the questura to suggest to Ficarra to discuss the night of the attack with Knox in more detail and clarify who might have been present. Knox is not informed of Sollecito’s backtrack. She is asked for more names and spontaneously shares her phone. There is an outgoing to Patrick but no prior incoming. Knox is asked who Patrick is.
Suddenly, to the considerable surprise of others present, Knox has a yelling, head-clutching conniption (the first of several that night) and says “It’s him, it’s him, it was him, he killed her”. The session is halted.
Despite warnings she should not do so without a lawyer, Knox insists on a recorded statement which says she headed out to meet Patrick that night after he texted her. She accuses Patrick of killing Meredith.
Efforts are made throughout the next several hours to try to help Knox to calm down. Knox is put on hold, given more refreshments, and made comfortable on some chairs so she might try to get some sleep.
A second session ending at 5:45 is intended as merely a formal reading of Knox’s legal status and her right to a lawyer, with Dr Mignini presiding. She is to be held as a material witness and for her own protection.
Again warned that she should not speak without a lawyer, and no questions can be asked, Knox still insists on a second spontaneous accusation culminating in a second recorded statement.
This also says she went out to meet Patrick that night, also accuses Patrick of killing Meredith, and now also hints that Sollecito may have been there.
Just before noon, now under arrest and about to be taken to Capanne Prison, Knox insists on writing out at length a third statement this time in English.
She gleefully hands it to Rita Ficcara who cannot read it as she as no English. In the statement, Knox included this damning remark, without any mention of having been coerced: “The questions that need answering, at least for how I’m thinking are… 2. Why did I think of Patrik?”
Knox’s lawyers never ever substantially challenge this version, and never lodge any complaint. At trial in 2009 they accept on the record that there was no interrogation, and leave standing that Knox insisted on all three statements, and dont ever pursue Knox’s claims that she was coerced.
Courts all noted that there is no mention in that third note of Knox having been coerced, although this note was her idea and she could put in it anything she liked. From this there never was any going back.
In July 2009 at trial, in face of days and days of prior investigator testimony, Knox brashly tried to substitute this scenario above with the one below. Of course she was disbelieved.
For the calunnia framing of Patrick Lumumba Judge Massei in 2009 sentenced her to a year more than Sollecito, amended by Judge Hellmann in 2011 to three years served.
The Supreme Court definitively overruled her calunnia appeal so for her false framing of Patrick she is a felon for life.
4. Explaining Knox Family & PR Alternative
Knox’s Italian lawyers were not a part of this; in contrast the American PR lawyer Ted Simon sought to introduce major confusion.
In Italy, lawyers are REQUIRED to report tales of abuse of their clients or face possible criminal charges. Contrariwise, if they knowingly report false charges they can face similar charges. So what they do is a strong indicator of truth.
Amanda Knox’s lawyers not only did not ever report any abuse. They even announced publicly, in face of incessant claims of abuse by Knox, family, and PR forces, that they had seen no evidence of abuse and so would not be reporting.
Though her precise claims vary and often contradict one another, Knox herself has on and off ever since November 2007 tried to put the investigators on trial - tried to blame the police for causing her conniption and her false accusation of Patrick for the death of Meredith.
Her fail rate has been spectacular.
Knox failed to convince (1) Supervising Magistrate Matteini and (2) the Ricciarelli review panel in November 2007, (3) failed to convince Prosecutor Mignini in December 2007, (4) failed to convince the Supreme Court in April 2008, (5) failed to convince the Micheli court in late 2008, (6) failed to convince the judges and jury at trial 2009, (7) failed at annulled appeal 2011, (8) failed at repeat appeal 2013, (9) failed to convince the Supreme Court in 2012 and (10) failed again in 2015.
As Knox’s team simply did not ever believe her, they may not have given this their hardest shot. It was not part of their largely spurious complaint to the EC HR.
And yet despite all of these failures, the huge and very nasty Knox PR effort went full-bore ahead with the abuse allegations anyway.
Read this post of 11 February 2009 which was about two weeks before the Knox “interrogators” were cross-examined at trial, and several months before Knox herself took the stand. Dozens of media reports repeated the Knox claims as if true.
Knox repeated them in her April 2013 book, and her December 2013 email to Judge Nencini, and her appeal to EHCR Strasbourg, and in some TV and newspaper interviews, including one with the Italian weekly Oggi which caused that paper legal harm.
This version has been blown up by Knox PR shills in internet posts, articles, TV interviews, and books. Among others propagating it have been Raffaele Sollecito (in his book), Doug Preston, Saul Kassin, Steve Moore (especially), John Douglas, Jim Clemente, Paul Ciolino, Michael Heavey, Greg Hampikian, Chris Halkidis, Mark Waterbury, Doug Bremner, Candace Dempsey, Nina Burleigh, Bruce Fischer, and many posters on the Knox sites and Fischer sites and on Ground Report.
Main claims included 50-plus hours of “interrogation”, numerous officers in teams, no food or drink, no sleep, no bathroom breaks, no lawyer, no recording, and much abuse and yelling and suggestions and threats. Way beyond anything even Knox herself and notably her own lawyers ever claimed.
- Here is Steve Moore claiming that around a dozen cops in rotating tag teams of two assaulted a starving and sleepless Knox over 20/30/40 hours, threatened her, and refused her a lawyer throughout.
- Here is Saul Kassin claiming that Knox was interrogated over the entire night of 5-6 November, until she was finally broken and a coerced “confession” emerged - even though the “false confession” actually framed Patrick and was in reality a false accusation. That Kassin ignores.
- Here are several former FBI profilers blatantly embellishing the same claims in a book, with (today) 60 five-star reviews.
And yet Knox’s own Italian lawyers specifically denied her accusations! No complaint against the police was ever lodged. All courts disbelieved her. Knox served her three years. But still the PR-driven hoax keeps resounding.
Wednesday, January 15, 2014
Mignini And Giuttari Win Final Round In Spurious 2010 Conviction By Rogue Prosecutor And Judge
Posted by Peter Quennell
Poison pill sown in 2006
The entire edifice of the Knox PR campaign was always built on a foundation of sand.
Years ago, the wannabe real-crime-reporter Doug Preston was shaken to the core when Dr Mignini and others figured out with the help of court-authorized wire-taps that he and Mario Spezi were planting evidence and using fake IDs to frame someone they had wrongly concluded was the “real” murderer in the Monster of Florence case.
In uncalled-for retaliation (he got off very lightly and could have faced a prison term) Preston went back to the US and, safe there, wrote a nasty and largely fictional book. He repeatedly claims it was really the cops and specifically Dr Mignini not Preston & Spezi who were dumb and blundering in not sufficiently investigating and charging the “real” murderer.
Fast-forward to 2008
Almost nobody in Italy supports Preston’s and Spezi’s “solution” to the MOF crime which they seemed to hope would bring them big bucks and whole new careers. That solution is widely regarded as a joke and there is voluminous evidence against it.
Nevertheless, Preston’s MOF book is published in the US, demonizing Mignini in great detail.
Knox PR aide David Marriot and his media pet poodles and online thugs, including the wild-eyed Paul Ciolino of CBS and the bizarro Frank Sforza of Perugia, were all over the notion that it was Mignini and not Preston & Spezi who had done something seriously wrong.
The mafia always has an interest in taking Italian justice down a peg, and opportunities were increasingly seen here. The mafia’s various useful idiots in the US (John Douglas, Saul Kassin, Dempsey, Burleigh, Steve Moore, Michele Moore, Heavey, Fischer, Doug Bremner, Hampikian, Halkidis, and some others) who have plagued a correct understanding of the MOF and Perugia cases all helpfully all piled on.
Fast-forward to January 2010
Dr Mignini and the former head of Florence detectives Michele Giuttari were convicted in Florence on spurious grounds. See our posts back then by Commissario Montalbano and TomM.
The purpose of the Florentine investigation against Mignini and Giuttari was obviously a pretext, a ploy aimed at blocking the seemingly very threatening Narducci arm of the MOF investigation. In fact it was a pretext for the rogue Florence prosecutor seizing the Narducci case file back from Dr Mignini in Perugia and burying it out of sight.
Nevertheless, the demonization of Mignini became even more shrill, multiplied globally by the gullible Joel Simon of the New York-based Committee to Protect Journalists in foolishly protecting the proven liar Frank Sforza who is now facing THREE trials.,
Fast-forward to November 2011
The Florence appeal court reverses the 2010 convictions because the case was brought by the SAME rogue Florence prosecutor who was caught on tape meddling in the Narducci investigation and who was one of those (there were others) trying to slow it down or destroy it.
Fast-forward to January 2013
The Supreme Court scathingly endorses that reversal. The attempt from within the Florentine court to de-legitimize the Narducci arm of the MOF investigation was from now on definitively at a dead end.
The investigations and trials of those who had for mysterious reasons been hampering the Narducci investigation were also put back on track by Cassation. Most threatened is Doug Preston’s mate Mario Spezi. He seems headed for a prison sentence for sure, leaving Preston (a major meddler in Meredith’s case) also legally very exposed..
Fast forward to April 2013
Dr Mignini is promoted, gaining very high marks in a competitive process. From this point on he will handle only appeals, and when Dr Galati retires (expected soon) Dr Mignini is expected to be the #1 prosecutor of the Region of Umbria.
Fast forward to summer 2013
The Turin prosecution office finally obtains the investigation file on Mignini and Giuttari from Florence as the Florence appeal judge and Cassation had instructed.
The investigation file should have been sent in November 2011 for action leading to full closure on the substance, but the Florence prosecutors illegally sat on it, presumably fearful of what could happen to him.
The Turin prosecution office had little interest in re-opening what seemed a dead-end and frivolous case. If this was what Mignini and Giuttari had wanted, the charges could have been dropped, but without any court finding of “not guilty”.
However, Dr Giuttari and Dr Mignini explained that they wanted a court finding of “not guilty” on the merits of the case. They WANTED the Turin court to read the evidence and to make a final ruling.
Fast forward to today
The Turin court did meet. Andrea Vogt posted this report.
For those keeping track of the various “sideshows” in the Amanda Knox case, a Turin court Wednesday definitively acquitted Perugia prosecutor Giuliano Mignini of three charges against him in connection to his investigations into the Monster of Florence case. The court shelved another three charges because the statute of limitations had expired. One abuse of office charge involving the wiretapping of a La Stampa journalist will be heard in court on March 18, but its statute of limitations appears to expire just days before, so it is unclear if the case will go forward. None of the matters relate directly to the Amanda Knox case, but they were often referenced by the prosecutor’s detractors.
And what next
The Italian justice system protects its senior judges and prosecutors from criminal defamations intended to obstruct justice with some powerful measures. They were originally intended to keep the mafia in its place as defamation of police, prosecutors and judges is one of its mainstays.
All of the false claims about Dr Mignini are still out there. Preston’s book is still on sale. So is Burleigh’s, Dempsey’s, Fischer’s, and John Douglas’s. Joel Simon’s seriously wrong claims are still online. Not one has recanted or wound back.
Knox and Sollecito each repeated the baseless claims at length in their books, and even embellished them. Michael Heavey parrots them to the State Department. They are the main crutch of Bruce Fischer, Steve Moore, Michele Moore, Doug Bremner, and so on.
However, the required pushback by Florence prosecutors and others has begun, and with today’s ruling will accelerate. Frank Sforza is already on trial for calunnia and the Italian justice system is quietly zeroing in on many others, all the book publishers included.
On March 14 the magazine Oggi which published many of Amanda Knox’s baseless claims in Italian must appear in court in Bergamo. Knox and Sollecito themselves may find a heap of new legal troubles after the appeal verdict is announced on 30 January.
*****
Numerous posts by Kermit and Yummi still need to be linked to.
Sunday, October 06, 2013
Dr Mignini Pushes Back Against His Demonizers Trying To Ascribe Non-Existant “Satanic Theory”
Posted by Peter Quennell
[Preston left, Spezi center, and George Clooney who is at legal risk for his option on their defamatory book]
1. Dr Mignini’s Published Statement
To the editor of Florence Corriere
Dear Director,
I am Giuliano Mignini, the magistrate who performed the investigation and trials of first instance and appeal in Perugia against the people accused of the murder of Meredith Kercher, as well as the investigation into the death of Francesco Narducci linked to the one performed by the Florence Prosecution Office in relation to the masterminds of the “Monster of Florence” murders.
I saw reported the interview that the journalist Mario Spezi ““ a person accused in the Narducci case ““ did with Amanda Knox, a main defendant in the appeal trial that will start today ““ published in the Corriere Fiorentino on Sep. 29.
In two recent cases the Court of Cassation has annulled verdicts, which acquitted Knox and Sollecito, and which decided [by Judge Micheli] a dropping of charge against Spezi (the parts regarding “˜lack of certainty about malice’ were annulled too).Therefore I don’t need to add anything further on that point. Instead, I need to point out the falsehood of an assertion which Mr. Spezi makes at the beginning of his article, as he tries to explain the reason for a link which, in his opinion, allegedly exists between the two cases, the one related to the Monster murders and Narducci’s death, and the one about the Kercher murder.
Mr. Spezi’s text says: “”¦ a strangely similar background, for two different cases, behind which the magistrate thought he could see satanic orgies on the occasion of Halloween for Amanda, and ritual blood sacrifices as a worship to the Devil in the Monster of Florence case”¦”.
This is an assertion that Mr. Spezi and crime-fiction author Douglas Preston have been repeating for years, but does not find the smallest confirmation in the documentation of the two trials, nor in the scenario put forward by the prosecution in which the Meredith murder (which didn’t happen on Halloween but on the subsequent night) was the consequence of a sex hazing to which Meredith herself did not intend to take part, and, above all, it was the consequence of a climate of hostility which built up progressively between the Coulsdon girl and Amanda because of their different habits, and because of Meredith’s suspicion about alleged money thefts by Knox.
Furthermore the object of the proceedings in the Narducci case is the scenario about the murder of the same Narducci and the attempt, by the doctor’s father and brother, to conceal the cause of his violent death, and this included the background within which the event ““ which was a homicide in my opinion and in the opinion of my technical consultant, coroner Prof. Giovanni Pierucci of the University of Pavia ““ had developed and taken place.
I had already denied several time assertions of such kind, but Mr. Spezi and Mr. Preston, and some people connected to them, go on repeating a lie, apparently hoping that it will become true by repeating it.
Another astonishing fact is that, despite that I was the prosecutor in the Kercher trial together with my colleague Manuela Comodi and then subsequently with my colleague Giancarlo Costagliola [at annulled apeal], and despite that I limited myself to formulating judicial requests which were all agreed to by a multitude of judges and confirmed by the Supreme Court, I am still considered as the only one responsible for an accusation against Ms. Knox and Mr. Sollecito, by twisting its content in various ways.
In the Narducci case, in the same way, I simply limited myself to performing the investigation and requesting the remands to trial, and the trial will have to start again now because the Supreme Court has annulled the dropping of charges [by Judge Micheli] and sent back the trial to another preliminary judge in Perugia.
The purpose ““ quite overt ““ of such endlessly repeated lies, is to defame the investigator, picturing him as a magistrate who is following alleged personal obsessions rather than sticking at facts, as instead he is.
The hope that such conscious misrepresentation of reality could bring advantage to the defences (foremost that of Spezi himself) is consistent with a bad habit which has all along flourished in Italy but is now also copied abroad.
Therefore I ask you to please publish my rectification against false and seriously defamatory information.
Kind regards
Giuliano Mignini
2. Context: The Mafia Playbook Adherents
As we have often d previously, the mafia and their handmaidens strive constantly to bring the Italian justice system down a peg or two.
When not using dynamite, as they often did in the past, they especially favor the weapon of character assassination of witnesses, judges prosecutors and police.
The vilification campaign being run in the United States by David Marriott, Chris Mellas, Doug Preston, Bruce Fischer, Steve Moore, Michelle Moore, Nigel Scott, and David Anderson (and from Italy by Frank Sforza) seems to be right out of the mafia playbook, whether all of them know it or not.
How the mafia have been using the public relations campaign to their own advantage seems set to emerge further in at least five of the associated trials coming down the pike: those of Luciano Aviello, Frank Sforza, Mario Spezi, Raffaele Sollecito (his book trial) and Amanda Knox (her book trial).
And now Mario Spezi, obviously a real glutton for punishment, once again piles on. Spezi has had incessant run-ins with the Italian law - and now he seems to have entered some kind of self-immolation end-game.
With Doug Preston, Spezi published several editions of their Monster of Florence scenario. These are widely discredited in Italy, not least because they are such obvious attempts to apply lipstick to a pig (half of the text is about an obviously red-handed and very very scared Preston trying to prove he did not actually melt down under interrogation for his probable felony interference in a case.)
Spezi has been charged with interfering with and hampering both the Monster of Florence investigations and the related investigation (which involved Dr Mignini) into the Narducci drowning - a clear murder (the body was found bound and another substituted) though a nefarious group worked very hard to deny that. (They were all charged as well, and the Supreme Court has recently confirmed the correctness of that.)
In recent weeks the Supreme Court has given a firm order for both prosecutions against Spezi to go ahead. How Spezi stays out of prison if he is found guilty is anyone’s guess. Doug Preston came up with a calamity of an explanation for the arrest of Frank Sforza for domestic violence, but presumably his assistance wont be sought this time around.
So in face of impending prison Spezi really watches his tongue, right?
No, in fact in a move bizarre even by his own standards, Spezi on 29 September published a surreal “interview” with Amanda Knox in Florence Corriere. It once again repeats the felony claim that the prosecution charged Knox and Sollecito in the first place based only on some “satanic theory”.
The Perugia prosecution has never never NEVER claimed that. The Florence prosecutor has already moved into felony-investigation mode (this could cost Spezi more years in prison) and on 3 October Florence Corriere published this correction below by the defamed prosecution (translation is by Yummi).
This unequivocal statement (far from the first but the most prominent) has its own legal status. It is a clear legal warning to the likes of Chris Mellas and Bruce Fischer that if they sustain the libel they are at risk of felony charges also.
The statement has already had a strong ripple effect in Italy. Many former allies - some of them not very savory - now feel that Spezi has lied to and betrayed them for his own ends.
Monday, January 21, 2013
An Overview From Italy #2: Current Perceptions In Italy, Justice Perverters Fail, Mignini Vindicated
Posted by Machiavelli
My previous report on the bad news remorselessly building here for the defense was on the Procura Generale appeal to the Supreme Court.
One year ago ““ between the end of December 2011 and beginning of January 2012 ““ there were only rare idle comments in the Italian press about the Meredith Kercher case, more or less sarcastically noting the “suspicious” circumstances of the Appeal trial. I recall how a mention of the topic was dropped into the last number of “ll Venerdì” of 2011.
“Il Venerdì di Repubblica” is the weekly magazine issued together with the newspaper “La Repubblica” (thus probably the most read magazine in Italy).
The cover theme of that week was provincialism ““ or better “the provincials” - the adjective used to assemble a sample of seven little cities (Cuneo, Voghera, Rimini, Jesi, Perugia, Benevento, Partinico), picked from different regions, and taken as examples on the theme, that is stories of “local colour”; what goes on in small “provincial places”. A few characters and stories are brought in to depict the local life of each place, and the voices of local authors adds something about the places.
The article about Perugia (at pages 62-68) was by Luca Cardinalini. In that number of Il Venerdì, having stories of “local colour” as weekly theme, there were shades of ironic tones for each city, often through the voice of local intellectuals. As Perugia is described, the Meredith trial is quickly recalled among its local stories; the reader can’t miss how this is viewed as in connection with another most remarkable feature of the city, that is Masonry.
According to Luca Cardinalini and Enrico Vaime, Masonry is called a “Specialty” of Perugia, like chocolate. Local author Enrico Vaime intends to convey the people’s perception about shady powers existing in the city, about a local environment saturated by plots and informal powers, as something behind recent strange judicial decisions such as the Hellmann verdict and the apparent dropping of the Narducci case. The widespread belief of Perugians that the Public Minister (prosecutor) is the righteous one shines through the words of Enrico Vaime.
Also notice how racism appears to be another key perception about the verdict. Quality media press in Italy has a typical style of understatement. This comment hints that it seems obvious that the Appeal was a racist verdict - and it was “expected” that they would find a way to blame the black one and the outcast.
Some of Perugian “provincialism” seems to include a very narrow localism of Perugian identity: a person from Orvieto is reported to be called “a foreigner” ; but this is because the cultural viewpoint is based on the assumption of a personal knowledge of all people. In among this, there is Vaime’s knowledge about how rooted Masonic tradition and power is in the city, in a scenario of “brotherhoods” and “tribes” (the article includes a photo of the most known “Masonic” monument in Perugia: the gryphon or griffen ““ the emblem of Perugia ““ grabbing a toppled Pope’s Tiara in a sign of rebellion).
The report by Vaime is objectively correct : the concentration of members of Masonic lodges in Perugia is the highest in the world, about 5 times the national average of Italy (which is anyway very high).
In Vaime’s wording decent people in Perugia are ‘Christians’ or ‘Communists’ ““ these are the names he uses to address the main categories he sees as “good” people, two transparent moral systems. He devolves skepticism toward the less transparent allegiances, the murky and informal connections to powers.
I believe these perceptions from one year ago, in this colorful article about Perugia, should be most interesting to the readers of this site.
The first part of the article on Perugia is not that interesting - it speaks mostly about a local character named Ivano Massetti, nicknamed “Savonarola of Umbrian football”, the director (“boss”) of a local TV network and leading showman of his own soccer talk show. I skipped this first part with depictions of local folks, and get to the point at p.66 where the Kercher case is first mentioned.
This is my translation of the article from this point:
[”¦](p.66 line 17):
As Enrico Vaime ““ a 100% Perugian, a writer, and among many other things fiercly provincial ““ already knows: “Only in Perugia do you hear people saying “actually Tizio [random guy] was not a native from Colombella, but from Piccione”, which is three times further”. And when his grandfathers (farther of his father) bearing the same name Enrico Vaime, moved his formal place of residence [to Perugia] from Spello, on the official documents they wrote “emigrated to Perugia and married to a foreigner from Orvieto”.
The roots are extremely deep. “Still today” Vaime says “when I say to my family “we go back home”, I mean here, in Perugia, where I have not owned a house for decades. And I still call the roads and shops with the names they had when I was a child, even if now the owners are foreigners, from Shangai or, as I say, from Terni”.
Vaime is cross with the bad reporters who described Perugia, in the Meredith murder case, as a capital of corruption and vice: “An invasion of charlatan journalists who, as they believed they were visiting a remote and lost province, they painted it as a sort of Chicago on the Trasimeno Lake”.
[The fact] that no Perugian was involved in that sad story, to them that was an irrelevant detail. And the trial ended just the way many Perugians expected: a black guy first wrongly put in jail, another black one convicted, the two white, good-looking, wealthy and well defended young people, free.
So it was that the Public Minister Giuliano Mignini became a target. He’s a Perugian whom the Perugians know as the dominus of the other judicial case ““ this also is, yes, entirely local ““ about which everybody talks and knows, but always in a low voice: the death of doctor Francesco Narducci, the one suspected of having ties to the crimes of the Monster of Florence. From the judicial point of view that was - by half ““ just another hole-in-the-water [a failure] for which some critics have hastily put the blame on some alleged lunacy of the public minister.
But”¦ however”¦ meanwhile, this [Naducci] corpse-swap was indeed found to have been for sure, a kind of unique case in the criminal history of the country. And, for what concerns the recent acquittals of those characters involved in this death, well, after almost a year and a half we are still waiting for the verdict motivations. All of the suspects were esteemed high-class professionals. That’s a perfect mix of strange deaths, sex, lead-astray investigations, and Masonry; this is in the city with the highest number of Masonic lodges in Italy.
Vaime sighs: “Masonry is something alien from me, but I have many friends who are in it. In Perugia it works as a compensation chamber for various powers, but also as an effort for the surge of the spirit to many decent people. Masters, masons and “33”, but all of them decent Perugians”. Masonry is considered a local specialty, just like the bruschetta or the Etruscan arch.
“One day you find out that that mediocre employee of your acquaintance, or the one who performed an incredible career in the public administration or in politics, is a “˜son of Horus’. Then you either laugh, or you slap yourself on the forehead just like saying to yourself “Wow! [how could I ] think about it!”. “That travet* [*a generic mediocre opportunist employee], too”
Vaime says “to me it is a strange Perugian, with little interest for the Egyptian god compared to his covet for entering inner circles of a certain world. Their internal motivation is “I want to see how the lords sit at the table”. But in there [Masonry], you see, there are also good Christians and good Communists; as has always happened in this province, which has the art of living together in its genes”.
[”¦. ]
This month ““ Jan 2013 ““ the Italian press returned to the topic of the case again in a few brief articles. This time it was because of Sollecito’s book.
After Maurizio Molinari’s report from New York on the book in September, and the busting by Bruno Vespa on Porta a Porta of Francesco Sollecito, who ended up openly contradicting his own son’s statements, another hint appeared in the local press about what is cooking up backstage.
This article in Perugia Today has a neutral take, but the same understatement and kind of vagueness as it anticipates that something very likely will happen.
What I find most delightful is the quotation marks in the title around the word “author” ““ journalist Nicola Bossi doesn’t believe for a moment that Sollecito actually wrote the book:
Meredith Case: “author” Sollecito at risk of criminal lawsuit
The recounts about an alleged negotiation in order to pin the main charges on Amanda Knox, and unproven violence by the Perugia Police are under target. Mignini is considering criminal lawsuit.
Written by Nicola Bossi ““ Jan 4. 2013
The Meredith case is not closed, and this despite books and movies almost tend to drop it after the acquittal in second instance of Amanda Knox and Raffaele Sollecito - who were convicted in first degree for the murder of the English girl that took place in Via della Pergola.
On upcoming March the 25th the Court of Cassation of Rome will have to decide on the request for a re-opening the trial, submitted by the Procura with the authorization of Public Minister Giuliano Mignini.
In the environment of the magistrates there is confidence about a [guilty] verdict that many ““ in Italy and in the USA - have heavily attempted to discredit. But from the same environments around them, they talk about a greatly serene Mignini making assessments about the next strategic moves, following the attacks directed against him ““ and against those in Law Enforcement who cooperated with him ““ contained in the book by Raffaele Sollecito.
An upcoming criminal defamation lawsuit is becoming more and more likely every day, especially about some particular paragraphs. The material published by Sollecito has already resulted in discussions and clamor above all about claimed negotiations [with the prosecution] aiming to shift the blame onto Amanda alone, to be rewarded with his immediate release.
But there are also accusations against the Police about violence during his interrogations. “If you dare get up and walk, I beat you up in a bloody pulp and I kill you. I leave you in a pool of blood”. This is what you read in the book “˜Honour Bound’ issued in the US, as what Sollecito attributes to the Perugian officers.
“They wanted me to lie so they could frame Amanda”: this is the premise of the claimed negotiations claimed to indirectly involve Mignini too, which he always denied. Allegedly this would have been enough to get [Sollecito] out from prison soon, leaving the American woman in trouble.
So, these are grave accusations which Mignini apparently does not intend to let go unpunished. The criminal lawsuit is likely to be filed earlier than the date of Cassazione [25 March].
Another small piece of news is this article below published in Leonardo and written by Valentina Cervelli:
It seems basically a “commented” version of the Perugia Today article. Cervelli adds a few polite lines on her own thoughts in this piece, published on the Bbooks page of Leonardo,it; this is my translation:
Is Raffaele Sollecito going be sued soon for “Honor Bound”?
By Valentina Cervelli - 6. Jan 2013
Are there troubles in sight for Raffaele Sollecito? His “Honour Bound” book is going well in the United States in terms of sales, but here in Italy it might be soon result for him in a lawsuit for defamation by the Law Enforcement forces and by the Public Minister Giuliano Mignini.
As we know already, in Honor Bound ““ My journey to hell with Amanda Knox and return Raffaele Sollecito has reconstructed the whole judiciary story from his point of view, telling in his autobiography what [he says] is his own truth.
On March 25 Cassation in Rome will decide on the [prosecution] request for the re-opening of the trial submitted by the Procura authorized by Giuliano Mignini, after the acquittal in the second instance of the two main accused, Sollecito and Amanda Knox.
The young woman has returned back to her country and we bet it’s going to be difficult, if not impossible, to get her back in our country even in case of retrial after Cassation and a possible conviction. But lets leave aside this possible dispute and lets focus on the book. In Raffaele’s book Mignini is iimplicated because he reportedly comes out discredited. In the material published by Sollecito in his book he even talks about alleged negotiations in order to blame Knox alone, obtaining in reward a quick release.
And what about the allegations of Police violence during interrogations? Of course we don’t get into the merits, but it seems obvious that parties that may be considered offended would tend to launch a counter-attack to defend their dignity and their work. At the moment no lawsuit has been submitted. But with much probability that will be done before the decision of Cassazione.
By now we can only wait for the publishing of the book in our country, in order to assess with our minds what Raffaele Sollcito has written and the “hot” material published in his made-in-the-US autobiography.
By the way; one thing Valentina Cervelli might get wrong is the purported good sales of Sollecito-Gumbel’s book.
The Amazon.com site is reliable as quick indicator of a product’s success; the price of a new copy of “Honor Bond” on Amazon.com is now $ 3.51 (last week it was 3.76; the cover price is $ 24). It suggests sales are not quite as expected. The drop speed is significant if you consider that the book has been out for only four months.
[Above: the Florence Palace of Justice]
While many honest magistrates seem to be working in Florence, there is still some strange behavior by one or two people in the Florence prosecution office.
Iin particular by the chief prosecutor there were some unexplainable decisions. As people reading this site know, Giuliano Mignini and Michele Giuttari were convicted (of some of the charges) in the first degree trial in Florence.
The motivations document was disconcerting because: besides the proof of their innocence on the main charge, what was described as the evidence on the remaining charge constituted extremely weak and vague arguments for what was claimed about Giuttari, while they were totally non-existent about Mignini.
In the second instance appeal as we know the court completely crushed the trial case.
The case against them collapsed not because of a technicality, as the FOAs falsely claimed. In the figment of their imagination the Knox supporters erroneously thought that the Florence court had an “option” to overturn the case, to find Mignini and Giuttari innocent, but that they instead decided to pass the judgment on to some other tribunal.
The pro-Knox believers are probably also ready to believe blindfolded that there was some kind of evidence against Mignini.
The Knox believers are wrong. What in fact happened in Florence is something almost unique in a judge’s career. The first remarkable event was the decision by the Florence court of nullifying the first degree verdict. They did not simply overturn the verdict (neither change, or “reform” it as we say) since an overturning would imply acceptance that a previous verdict actually existed and was legitimate.
The cancellation was in fact an in limine act about the validity , which does not require an assessment about it correctness. The court went way beyond. In fact they nullified the whole trial, not only the previous one in terms of judgment, but also the preliminary hearing, and the indictment; and even the request of indictment.
It is a legal outcome not comparable to a simple change or overturning because it is a ruling that the whole proceeding was illegitimate from the very roots. The investigation itself of Mignini and Giuttari was declared illegitimate.
If elements were found for the opening of an investigation, the prosecutor would be entitled to carry on their duties, though the investigators should be from another territory. This is important because the Florence court found evidence that people from the same office were involved in cases against Giuttari and Mignini, both as offended parties and as prosecutors.
Because of a basic conflict of interest, the local prosecutors were incompatible and the Procura of Florence had no jurisdiction. Not even Genoa would be compatible.
Florentine prosecutors therefore had no right to bring cases against Mignini and Giuttari. The investigation files now must now be sent to the competent jurisdiction ““ where they should have been sent from the beginning ““ which is Turin; there other legitimate prosecutors will decide if and how there is anything to investigate about, and if there are any charges to bring against anyone. The Florentine trials should have never taken place. The court ordered that the legitimate investigators are the Procura of Turin.
In addition, they also ruled that the court of Florence would be an incompetent jurisdiction in any further possible case that stems from that investigation: since the competent prosecution is Turin, in case elements for the indictment of anyone for any charge are found, in the future, everything should go to a court in Turin ““ this, only if there will be any charge to bring to court .
This decision in Florence was a total debacle for the Florence prosecutors. It is in fact “politically” much worse than an overturning of a verdict. It is not just a like a different conclusion on the merit, it is the decision to take away even the investigation from them, a kind of implicit censure of their work as highly illegitimate.
But at this point in the procedings, something even worse and even more strange happened. The Procura of Florence did something even more unusual, in fact unprecedented as far as I know.
Apparently the Florence prosecutors are not happy at all to pass the investigation file on to Turin. For some reason they seem instead to want to do unnecessary and irrelevant hard work instead. The Florentine prosecutors impugned the decision and revisited this at the Supreme Court against the Florentine judges.
This step is almost unheard of because the decision of the Florence appeal court is of a type that manifestly cannot be impugned at the Supreme Court. The recourse is obviously going to be declared inadmissible. If that submission was done by a private citizen, they would get a heavy fine for that.
Here it is a power in the Florence judiciary branch making this inadmissible move; for unknown reasons.
I’d like to know the real motive behind the latest Florence move, the only effect of which can be a waste of time (and money), a delay, of at least one or maybe two more years, which only makes the failure of the whole proceeding against Mignini and Giuttari more likely due to lapse on an expiration terms.
I say “I’d like to know” but in fact one motivation stands out as obvious: the whole proceeding against Giuttari and Mignini, from the first bringing of the charges at the lower courts, appeared as having a wasting of time among its purposes.
One practical effect - maybe a practical purpose - of pushing the charges against Mignini, was taking the file about the Monster of Florence case links with the Narducci case away from Perugia. By this move, the Florentine prosecutors managed to factually put their hands on the Narducci-MoF file and remove it from the investigating powers in Perugia.
Another effect of this was delay. Now this latest move looks as if its purpose were to delay, as much as possible, the transfer of the legal documents to Turin.
What is the ultimate event that, by all this, they seem to be seeking to delay? I can’t know for sure, I can only guess; in fact, I have only one answer, which also stands out as something obvious for those who know a bit of the backstage:
Giuliano Mignini is not an ordinary magistrate, he belongs to the Anti-Mafia Territorial Division of Umbria, and recently was selected for a further promotion by the Supreme Council of Magistrates.
In fact what is delayed is the advancing of Mignini’s career: in fact he has been already promoted to a directive function; but, by the rules, his taking the post was frozen while awaiting the outcome and conclusion of the Florentine prosecution.
Prosecutor Mignini is de facto already functioning as a prominent Magistrate in Perugia and considered as such; but formally he has not been given the directive power. Several people ““ among them Spezi and a number of his journalist friends, but possibly also other much more important people too ““ are likely not at all eager to see Mignini awarded further power.
About the latest endeavor by Raffaele Sollecito, who became liable for criminal defamation by writing false allegations about Mignini and others in his book, I expect - as logically unavoidable ““ that several powers and subjects will basically have no option but taking legal against him.
There will be a strategic necessity to doing this in order to prevent extradition issues in the future, but also, above all, on principle, because Sollecito made false claims about public institutions that needt to have their names cleared. Considering the kind of allegations against the judiciary as an institution, and considering that Mignini is a judge of the Anti-Mafia Division, this is the kind of lawsuit that I see as likely to be submitted on a national level, in Rome.
If that is the case, it would not be the only strange thing that the courts of Rome will deal with.
It seems like there is a kind of “curse” on proceedings related to the Narducci case. All sections of the Supreme Court which have been asked seem to have attempted to declare themselves “˜incompetent’ about re-opening the cases related to the Perugian doctor. The Cassazione is a huge office with a hundred judges working there, but maybe not so many of them are eager to deal with this case.
This could be only a coincidence. It only brings up to my mind, through a free association of thoughts, a more generic question ““ a personal question of mine ““ that is whether the words “Masonry” and “Politics” have an echo in Roman corridors too.
*****
Finally I want to add another significant piece of Italian news.
The news a week ago was that the Procura of Florence is investigating a possible corruption/mafia plot involving construction enterprises and politicians that revolves around the building of a new high speed railway in Florence.
Some 31 people are being investigated and among them is the former governor of Umbria. A huge drilling machine ““ nicknamed the “Mona Lisa” ““ used to dig subway tunnels in Florence was sequestrated by the Procura.
In the last couple of years Perugia’s prosecution office had a main role in fighting political corruption, but it seems that the Florence Anti-Mafia division is also active, just as it was in the times when the prosecutor Vigna worked with them.
Vigna was the one who first evolved the “secret sect” scenario in the Monster of Florence case, raising unexpected problems among the Procura staff.
Friday, February 17, 2012
Were Prospective Knox Publishers Given The Full Score On The Likely Legal Future Of This Case?
Posted by Peter Quennell
[Above: the seemingly hornswoggled Jonathan Burnham and Claire Wachtell of the HarperCollins house]
One publisher who passed on the Amanda Knox book then came here to read and told us he was rather shocked.
All the publishers going in to the auction were apparently not briefed by the Knox huckster team about the legal minefield this case still continues to represent. It may not have mattered to HarperCollins of course. It was HarperCollins that published OJ Simpson’s notorious “If I Did It” and they seem to have come out ahead.
One of the quirky outcomes of the Simpson venture the Amanda Knox team might like to draw a lesson from is that the “If I Did It” book (written by a ghost writer for Simpson, and as one Amazon reviewer said “chock full of omissions”) directly fueled the public anger that helped to put Simpson behind bars for a long time.
Typical of the hyper-cautious Italian system, this case is passing through three automatic phases like a three-act play. The Knox team can beef now about harassment and double jeopardy, but they have filed their own Supreme Court appeal, and it is written into the Italian constitution that no verdicts and sentences that are appealed are final until the Supreme Court signs off.
Act One
Act One started early in 2009 three months after Guede’s trial and we all saw as reported here on TJMK a very speedy and precise presentation of the prosecutions’ case. This was followed by the spectacle of Amanda Knox doing herself considerable harm in her two days on the stand. Thereafter through autumn and well into winter 2009, a weak and faltering defense was presented, with several court days simply cancelled because the defense could think of nothing more to say.
Judge Massei’s jury then quickly came to a unanimous verdict and he wrote up the reasons for it in an excellent 425-page report. He differed in only one major respect from Judge Micheli who in October 2008 concluded that Amanda Knox had organized and led the pack against Meredith and that Rudy Guede was unwittingly or accidentally drawn in to her torture and murder. (He still handed Guede 30 years.)
Judge Massei didnt cover the Rudy Guede evidence in nearly the same depth as Judge Micheli (Guede was only briefly in the Massei courtroom, and because Mr Mignini would not do a deal he barely spoke). In rather a stretch, Judge Massei argued that Guede set the escalation in motion which resulted in Meredith’s death. Few of us believe that.
UK and US lawyers have told us that under US and UK rules it is very unlikely that any judge would have then allowed the case to go to appeal. Knox and Sollecito would have served out their time and possibly emerged much better off for it - you can see the ugliness flowing back into them now..
Act Two
Act Two in 2010-11 saw the playing field becoming increasingly tilted. Mr Mignini happened to catch on tape a Florence prosecutor lamenting that the Monster of Florence cabal for which Doug Preston is such an eager beaver was tying his hands. The Florence prosecutor then sought to get his own back by taking Mr Mignini to court.
All sorts of amateur second-guessers on the evidence now got into the act, and few outside Italy any more had a firm command of the actual hard facts. It is rumored that Judge Hellman may have had a bias even before he ever got involved with the case. Mention of Meredith was almost nowhere to be found, and there was a constant drumbeat for Sollecito and Knox kept alive by their families and the US media and the MP Rocco Girlanda.
Helping the defenses was that soon after Meredith’s death the defenses played one huge trick. They failed to show up when Dr Stefanoni did her DNA tests. That then allowed them to impugn and slur her and her work with no hard evidence to hand. This rose to a crescendo when Judge Hellman’s two under-qualified consultants reported at appeal.
Amanda Knox still ended up being handed three years in prison, but with time served Judge Hellman released the two “young people” which was a verdict that to very few informed Italians made sense.
Act Three
Act Three starts with legal terrain that looks very different. Dr Galati has set the stage for a very, very tough third act, and he is making quite sure this time that the playing field is not tilted by any further monkey tricks. No wonder the publisher mentioned up top is surprised though. .
- NOT ONE non-Italian media source has made it clear that the Umbria regional prosecution office has a very special and prestigious status in Italy as the prosecution office that takes on cases against officials and politicians in the Rome government, so that the Rome police and prosecutors avoid conflicts of interest..
- NOT ONE non-Italian media source has explained who Dr Giovanni Galati really is. He could rightly be described as the most experienced and respected and capable of all Italy’s 24 regional chief prosecutors. He was a Deputy Attorney General with the Surpreme Court in Rome before his assignment just over a year ago to Umbria, and unlike the main Knox and Sollecito lawyers he knows the internecine Supreme Court rules and ways of addressing Italian law like the back of his hand.
- NOT ONE non-Italian media source has explained what we have reported in the four posts just below: that Dr Galati is stating that Judge Hellman BROKE ITALIAN LAW in two make-or-break respects. Judge Hellman is seen to have extended the appeals court’s terms of reference in ways that he is forbidden to do. And he introduced the DNA consultants which (as Mr Mignini several times argued) he was also forbidden to do.
Amanda Knox and Raffaele Solecito now face the fights of their lives. The last thing they need in this shark tank is a couple of biased self serving books “chock full of omissions” and anti-Italy smears.
They will almost certainly have to get up on the stand under oath and cross-examination and try to explain their scenario in a context where they each have contradicted and even accused one another. Their lawyers may be okay at trial or first appeal level but they are very outclassed by Dr Galati at this third level and it would seem the Knoxes, Mellases and Sollecitos would be best served to find new (very expensive) Supreme Court teams
Italians on the whole are angry and humiliated at the ill-argued first-appeal outcome. Judge Hellman seemed to show biases that he really should not have. Dr Mignini is back to being in the clear in his case as it was ruled (rightly) that the Florence prosecutors did not have jurisdiction over him. The Supreme Court took a very firm position in December 2010 that Rudy Guede did not act alone. The defense star witnesses Alessi and Aviello that might help accomodate to this have imploded, and both may face trials of their own.
A pretty grim portrait of Amanda Knox both prior to Meredith’s murder and while Knox was in Capanne prison is not hard to find in Perugia from multiple sources. If a devastating “Real Amanda Knox” book is not inspired by the HarperCollins book, we will be surprised, and it could sell more than hers. And if the slightest defamation about anyone in Perugia appears in the AK book, then HarperCollins will have the great joy of finding out what “calunnia” means.
President Obama and Senator Cantwell both have tough elections on their hands and Hillary Clinton and the Rome Ambassador David Thorne (an Obama political appointee) will need to be in ultra-careful mode this time around. Amanda Knox and her parents and Sollecito’s parents all face separate trials coming up. Rabid books will not help any of them there.
And in April the likeable book “Meredith” by her father John will be published - by a global publisher (Hachette) five times HarperCollins’s size.
Tuesday, November 22, 2011
Mignini’s And Giuttari’s Florence Convictions Are Annulled: No Evidence, And No Jurisdiction
Posted by Peter Quennell
The ANSA news service is reporting that Giuliano Mignini’s and Michele Giuttari’s 2010 convictions have been annulled.
The Florence appeal court ruled scathingly that no evidence exists and also that the Florence trial court did not have jurisdiction. The case might be looked at again by the prosecutors in Turin or Genoa, which Mignini and Giuttari favor to get the spurious case against them more than just annulled. They’d like its root causes brought out. .
Mignini had caught the exact-same Florence prosecutor on tape, with a judge’s consent, bewailing the fact that the Monster of Florence cabal was tying his hands. That trial was simple a panicky attempt to get himself out from under which will hurt his career and the trail judge’s too.
It wasn’t Mignini who invented the Florence cabal (or satanic sect) notion, and he is suspicious of people (like Preston and Spezi) who work so hard to deny it. Many of the Italian Monster of Florence books also argue 180 degrees away from Preston. Hmmm. What hold does the Monster of Florence sect have over Preston? Is he a secret satanist?! The world really wants to know…
Mignin’s quoted remarks outside the appeal court make it sound like he would like to resume the investigation of why Dr Narducci died suspiciously in Lake Trasimeno. That had to be halted because the Florence prosecutor seized all the papers on the case.
We have posted several times as much on Mignini as most of the UK and US media combined, and we translated a long email from him, and two long and very revealing interviews.
Kermit’s contrast of Preston’s satanic obsessions with Mignini’s really very mundane interests are an absolute must-view.
Thursday, March 10, 2011
Giuliano Mignini’s Trumped-Up Conviction For Guessing Right In The MOF Case
Posted by TomM
We previously posted on the case here and here and here.
Giuliano Mignini became involved in the Monster of Florence case only years after many people had already come to believe a satanic sect in Florence might be behind the MOF murders. But he pursued it with a vengeance when a body that in 1985 mysteriously washed up on the shore of a lake in his jurisdiction showed signs of murder.
And when the crime fiction writer Doug Preston injected himself into the case under a pseudonym and appeared to be planting evidence, Mignini gave him a very brief shaking up and Preston timidly removed himself from the case and from Italy - to turn to inventing a whole lot of fiction about it from safely across the Atlantic.
Here now is the fine Italian journalist Adriano Lorenzoni, describing The Strange Conviction of PM Giuliano Mignini by the prosecutor whose frustrated conversation was captured (the recording seemed to prove there was indeed a satanic sect in Florence) in objective terms that prove sympathetic to Mr Mignini.
Translation here is with the kind help of my fellow poster Clander.
The Perugian investigation of the instigators of the crimes of the Monster of Florence has, in effect, been stopped.
In January of 2010 the Public Prosecutor of Perugia, Giuliano Mignini, and the former head of the flying squad of Florence, Michele Giuttari, were sentenced by the Court of Florence on the charge of abuse of office in an investigation into some Perugians connected to the “instigators” of the crimes of the Monster of Florence. According to the prosecution’s theory, Mignini and Giuttari illegally wiretapped and investigated journalists and law enforcement officials to influence their activities.
These are abnormal proceedings, since the Public Prosecutor Mignini had been properly authorized by the Investigating Magistrate of Perugia to use wiretaps for his investigation, actions that he had the duty to carry out. Abnormal proceedings also because leading the investigation against Mignini and Giuttari was the same Public Prosecutor’s Office [Procura] that Mignini [PM di Perugia], had investigated the head of, Ubaldo Nanucci. Not by chance did Dr Mignini object to the jurisdiction of that Office [Procura] to carry out the investigation and raise objections of the legitimacy of the judgment. The Court of Appeal of Florence will hear the appeal next November 22 [2011].
This all springs from a recording made by Michele Giuttari of one of his conversations with a Deputy Prosecutor of Florence, Paolo Canessa, in which Canessa states that his boss was not a free man and admits to having been hindered by the then Prosecutor General, Ubaldo Nannucci, regarding the requests of Dr Giuttari into the investigation of the crimes of the Monster of Florence.
Giuttari [then] sent the recording to Mignini, who turned it over to the Prosecutor’s Office of Genoa which had been authorized to investigate the magistrates of Florence. Prosecutor Nannucci was then investigated [verrà inquisito] for having slowed down, or rather obstructed, the investigation of the Monster of Florence. Genoa promptly dismissed [archivierà ] it.
Giuttari continued to complain to Mignini about the conduct of the police commissioner of Florence, De Donno who, as ordered by the Ministry of Internal Affairs, should have set up a new wire tapping room for the GIDES (serial crimes investigative unit) where Giuttari and his men were working [si erano sistemati]. De Donno never set up the new room [cosa che non fa]. Mignini charged him and sent the file to Florence.
A question comes to mind: where is the abuse of office in all of this?
It is also puzzling why there was such an apparent lack of interest in the investigations conducted by Michele Giuttari, even when they are not being obstructed. “The instigators must not be investigated because there are only conjectures, a fruitless waste of time,” Giuttari is told.
Astonishing. As long as the [lowlife] “snack buddies” are being investigated [for the MOF , all is well. It’s fine to investigate Pacciani, Lotti and Vanni; but when the investigation tries to produce greater results [si alza il tiro], problems start to arise. Michele Giuttari was even relieved of his post and transferred.
Prosecutor Mignini’s office is searched and documents from an ongoing investigation into the death of the Perugian doctor Fransesco Narducci are seized, documents which Mignini had without success objected were secret.
Another question comes to mind: why so much fear (in Florence and in Perugia) about the investigation of the death of Francesco Narducci?
According to the Perugian Public Prosecutor [Mignini], Francesco Narducci was connected in some way to the Monster of Florence case. Giancarlo Lotti, one of the [lowlife] snack buddies, asserted that some doctor was given the amputated parts of a female body, in exchange for money.
Crimes, therefore, on commission [i.e. murder or mayhem for hire] by a doctor. A real doctor, not the mere pharmacist, Francesco Calamandrei, of San Casciano val di Pesa. Among other things, during the investigation it emerged that Calamandrei and Narducci knew one another. Narducci then died in unclear circumstances on October 13, 1985. Drowned in the waters of Lake Trasimeno. One month after the last murder committed by the Monster of Florence.
Suicide was claimed at that time. A truth considerably less than believable. So much so that while the Preliminary Investigations Judge [GIP], Marina De Robertis, dismissed the case for lack of enough evidence [con formula dubitativa] the hypothetical murder case against certain suspects (the journalist Mario Spezi, the pharmacist from San Casciano, Calamandrei, and others) and declared it time-barred, still, evidence exists of other crimes committed at the time: the concealment and abduction of a corpse and the falsification of numerous public records.
Moreover, since last April, we have been waiting to learn the reasoning with which, for different reasons, including claimed lack of evidence, the Preliminary Hearing Judge, Paolo Micheli, acquitted twenty people (including Narducci’s father and brother) of charges of forgery, criminal conspiracy, dereliction of duty, and concealment of a corpse.
Against this decision of the Preliminary Hearing Judge, Public Prosecutor Mignini will most likely file an appeal as soon as the sentencing reports are lodged which should have been lodged last July 20 [2010].
Mignini and Giutarri were acquitted of the charges of abuse of office (and Mignini also of aiding and abetting Giuttari) because it was not proven that any crimes were committed [i fatti non sussistono] (and the Florence Prosecutor’s Office did not appeal).
[The abuse of office charges] related to their so-called parallel investigations to those of the Genoa Prosecutor’s Office, which was investigating the former head of the flying squad of Florence for false acts [falso] due to the recording of the conversation with the deputy [Prosecutor] Canessa (of which we have spoken above) which, according to the indictment, had been tampered with. This investigation then led to the search of the office of the Public Prosecutor of Perugia [Mignini’s office] and the seizure of numerous investigation documents.
Needless to add that the proceedings against Giuttari and the two police officers concluded with a judgment of non-suit for absolute lack of foundation of fact, as proclaimed by the Genoan Preliminary Hearing Judge Roberto Fenizia. The “aberrant” conviction of Giuliano Mignini does not have immediate disciplinary consequences of any kind. The disciplinary proceeding is in fact suspended until the resolution of the criminal case on which it depends.
And Public Prosecutor Mignini is able to continue to carry out his functions, in trials of great importance and of international interest, such as that relating to the death of the English student, Meredith Kercher.